Written answers
Monday, 9 September 2024
Department of Employment Affairs and Social Protection
Legislative Measures
Mairéad Farrell (Galway West, Sinn Fein)
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929.To ask the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 131 of 29 May 2024, if she will confirm that no legislation exists to permit precedential group class decisions as originally requested; and if she will make a statement on the matter.[34127/24]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Department does not rely on test cases to determine the employment status of all workers in a sector.
Employment status decisions are made on a case by case basis, following investigation into the actual circumstances of the person's engagement, and by applying the tests or criteria as set out in the Code of Practice on Determining Employment Status.
I trust this clarifies matters for the Deputy.
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