An employee who worked full time for a Company, also did promotional and weekend work for other organisations, subject to the approval of her employer. For eighteen months, she became self employed for tax reasons, but continued to do the same type of work. She then gave up her self employed status and was given a one year fixed term contract, which was renewed on at least one occasion, but it is now proposed to offer her a subsequent fixed term contract with reduced hours. Is the Company entitled to do this?

Posted in : First Tuesday Q&A ROI on 2 September 2015
Issues covered:

If the employee agrees to the Company’s proposals, there should not be an issue. However, this situation is somewhat complicated, with two main issues, being the status of the individual when she deemed herself self-employed, and the fact that a number of fixed term contracts have been used since she returned to the status of an employee.

An Employment Status Group established by the Office of the Revenue Commissioners, compiled a report setting out the factors to be examined to determine employment status. According to the report, employment status may be indicated by the following criteria:

(i) being under the control of another person who directs how the work is to be done; (ii) supply

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Back to Q&A's This article is correct at 02/09/2015

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