Niall Collins (Limerick County, Fianna Fail)
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337. To ask the Minister for Jobs, Enterprise and Innovation if her Department has considered a recent UK employment tribunal on the employment status of workers with a company (details supplied); the impact it will have on considerations of the status of such companies here; and if she will make a statement on the matter. [34362/16]

Pat Breen (Clare, Fine Gael)
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I understand that the enterprise, to which the Deputy refers, operates in the UK as a substitute for taxi and limousine services. The company signs up drivers to an online platform which allows them to accept bookings via an app to carry passengers. Drivers use their own cars, without being licensed taxi drivers. The taxi and small public service vehicle sector is regulated in a different way in this jurisdiction. Irish law requires that anyone carrying passengers for money must have a taxi licence. Policy responsibility for this sector comes within the remit of my colleague the Minister for Transport, Tourism and Sport.

In the particular case referred to by the Deputy, a Division of the Employment Tribunal in the UK found that the drivers (who did not hold a taxi licence) were employees of the enterprise in question. I understand that the decision is under appeal to the Superior Courts in the UK.

In Ireland, a mechanism exists for the determination of the employment status of individuals or groups. Where an issue arises in relation to the employment status of an individual cases are forwarded to the Revenue Commissioners and/or the Scope Section of the Department of Social Protection for investigation either solely by the recipient, or jointly with the Labour Inspectorate of the Workplace Relations Commission (WRC).

In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals. This Code was drawn up and agreed in 2007 by the relevant Government Departments with ICTU and IBEC.

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single complaint form available at the WRC’s website www.workplacerelations.ie. The WRC’s Customer Service Section, which provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.