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  • Tag Archive: Pizza delivery drivers

    1. Irish Domino’s Case – The thin end of the pizza slice?

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      Irish Domino’s case – The introductory base

      You have probably never been sad enough to contemplate whether your pizza delivery man or woman was an employee or not as you waited for your stuffed crust.

      But this is exactly the question posed to the Irish Supreme Court recently in the Revenue Commissioners v Karshan Midlands t/a Domino’s Pizza on 20 October 2023.

      This landmark ruling has important implications for employers in Ireland.

      The setting the scene crust

      The dispute initiated when Karshan (Midlands) Limited, operating as ‘Domino’s Pizza’ (“Karshan”), contended that their delivery drivers operated as self-employed contractors, managing their tax affairs.

      The drivers signed an “umbrella contract,” recognizing themselves as independent contractors. However, the Irish Revenue Commissioners (“Revenue”) argued that these individuals should be classified as employees, subject to PAYE and relevant employment taxes.

      The matter was initially taken to the Tax Appeals Commission (TAC), which supported Revenue’s stance.

      Karshan appealed this decision to the High Court, which continued to endorse the TAC’s decision. Yet, the Court of Appeal reversed this in June 2022, classifying the drivers as independent contractors.

      The Revenue appealed this to the Supreme Court.

      A topping of legal analysis 

      Throughout the case’s progression, the concept of “mutuality of obligation” emerged prominently in defining an employee versus an independent contractor.

      However, the Supreme Court rejected the notion that this concept is a prerequisite for establishing an employment contract, emphasising the need to assess the specific circumstances of each case.

      The Supreme Court outlined five crucial steps to determine employment status:

      1. Contractual Exchange for Work: The contract between Karshan and drivers, involving remuneration for services, indicated an employment relationship during periods of work.
      2. Personal Service Provision: Essential to an employment contract, the Court acknowledged limited substitution rights but emphasized that unconditional substitution contradicts personal service obligations.
      3. Employer Control: Control over how, when, and where work is performed remains pivotal. Karshan’s control over drivers’ attire, branding, and task directions indicated an employee relationship.
      4. Factual Matrix and Working Arrangements: Examining drivers’ business autonomy revealed their limited ability to operate independently, as they worked solely from Karshan’s premises and lacked economic risk-taking.
      5. Legislative Considerations: While the Taxes Consolidation Act 1997 guided the tax assessment, the Court clarified that it does not mandate continuity of service.

      Here, Justice Murray found that the Tax Appeal Commissioner was entitled to conclude that the drivers were employees for the purposes of income tax.

      The anchovies of employer risk

      The Supreme Court’s comprehensive five-step approach provides clarity for organizations engaging workers as independent contractors.

      This ruling underscores the risk of employers being liable for employment taxes despite contractual wording.

      This verdict will likely influence determinations of employment status under various legislations, potentially affecting statutory leave, dismissal, and redundancy entitlements.

      Irish Domino’s case – The concluding dessert

      What should organisations look at doing in the light of this decision?

      • Organisations engaging independent contractors should analyze and consider the outlined five steps.
      • Existing contractual arrangements must be reviewed in light of this ruling.
      • Revenue’s guidance on disclosure regimes encourages organisations to comply with tax regulations and address misclassification issues.

      This decision reverberates beyond taxation, serving as a benchmark in employment status determinations, urging employers to reassess worker engagements and employment classifications.

       

      If you have any queries about the Irish Domino’s Case, or Irish tax matters in general, then please get in touch.