Zero Hours Work in Ireland: Legal Issues and Recommendations
Explore the complexities of zero hours work in Ireland through a detailed analysis of types of contracts, key legal issues, recommendations to the Irish Government, and research on employment status. Discover how Irish law addresses the issue, the challenges faced, and recent illustrative cases. Gain insights into the employment landscape in Ireland and the importance of addressing contractual obligations and worker protections.
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Zero Hours Work in Ireland ReMarkLab Conference Michelle O Sullivan, Juliet McMahon, Tom Turner, Lorraine Ryan, Jonathan Lavelle, Caroline Murphy, Mike O Brien, Patrick Gunnigle
Outline Types of contracts and zero hours work in Ireland Key legal issues Recommendations made to Irish Government
Research on employment status sham contracts Boilerplate clauses Tests for status Workers vs employee Dependent entrepreneurs Spot/umbrella /global contracts
How many Employees have Variable Hours? 7.7 8 6.1 7 6 5.3 4.7 5 4 3.3 2.7 2.6 3 1.6 1.4 2 1 0 Hours vary-full-time Hours vary-part-time Total 1998 (Q2) 2007 (Q2) 2014 (Q4)
Law on zero hours Ireland Attempt to tackle issue in Ireland Organisation of Working Time Act 1997 Zero hours employee If not required by employer, employee on ZHC entitled to 25% of contract hours or 15 hours, whichever is the lesser Irish system remains largely binary No intermediate worker status
Key legal issues The core issue of mutuality If such mutuality is not present, then either there is no contract at all or whatever contract there is must be a contract for services or something else, but not a contract of service 2008 Minister for Agriculture and Food vs Barry and Ors, Edwards J Although the existence of mutuality of obligation is not determinative, without mutuality no contract of service can exist 2011 Brightwater Selection Ireland v Minister for Social and Family Affairs. Gilligan J:
Recent illustrative Irish cases Contract Personnel Ireland vs Marie Buckley 2011 Ticketline trading as Ticketmaster vs sarah Mullen 2014 Sabina murphy vs grand circle travel (2014) CD foods vs paluka (2015) Minister for Agriculture and Food vs Barry and Ors 2015
Key legal issues The power of the boilerplate clause Draftsmanship of the dark arts (Prof Alan Neal 2015) Statement in contract sidestepping mutuality Substitution clauses Esb vs minister for social community and family affairs(2006) Consistent group vs kalwak 2008 Autoclenz vs belcher and ors 2011
Contract Types Guaranteed hours? Guaranteed Pay? Employee has to be available for work? Mutuality of obligation? No Yes, some Zero Hours Yes Yes If and When No No No No Hybrid If & When Yes, some Yes, some Yes, some Yes
Contracts of indefinite duration (CID) Hybrid contracts: An employee may well be granted CID But only on the basis of contractual hours HSE vs 90 named complainants 2007 Zero hours employee Under the Irish definition (OWT Act): May be given CID But could be based on zero hours
Employment status Stack vs Ajar-Tec Ltd (2015) this case is not a good advertisement for our system of resolving employment status disputes (LJ Tomlinson)
Key recommendations to Irish Government Legislation on: Statement of terms and conditions to individuals Individuals to receive guaranteed minimum hours after 6 months of employment Increased notice for requests of work and cancellation of work Minimum 3 hours per period of employment Employment status issues Sectoral collective bargaining
Appendix: Useful cases Uk O kelly and ors vs trushouse Forte PLC (1984) Carmichael and Leese vs national Power (1999) Autoclenz vs Belcher (2011) Pulse Healthcare ltd vs Carewatch care services (2012) Clyde and co LLP vs Bates Van Winkelhof 2014 Stack vs Ajar-Tec Ltd (2015) this case is not a good advertisement for our system of resolving employment status disputes (LJ Tomlinson)
Appendix: Useful cases contd. Ireland Electricity Supply board vs minister for social community and family affairs (2006) Minister for agriculture and food vs Barry and ors (2009-2015) Brightwater selection Ireland vs the Minister for Social and family Affairs 2011 Contract Personnel Ireland vs Marie Buckley 2011 Ticketline trading as Ticketmaster vs sarah Mullen 2014 Sabina murphy vs grand circle travel (2014) CD foods vs paluka (2015)
