In a recently published case of the Workplace Relations Commission, it was decided that a GP was in fact an employee (contract of service) and not self employed (contract for service).
The case concerned the complainant looking for a statement of their terms and conditions of employment or contract pursuant to the Terms of Employment (Information) Act 1994 (as amended).
In order to determine whether the claimant was entitled to the contract, the Workplace Relations Commission had to determine if the claimant was an employee or self employed.
Whilst there was a breach in the failure to provide the claimant with a statement of their terms and conditions, the Workplace Relations Commission did not award any compensation for failure to provide this.
It should be remembered that if a worker is wrongly classified as self employed rather than an employee, this can give rise to a number of legal and tax issues. For example, if the person is deemed to be an employee then the employer may not have paid the correct taxes (PAYE/PRSI) for the employee for a number of years. In addion the employee may be entitled to a number of benefits which they have not been paid e.g. holiday pay.