The Labour Court found that 39 sole-trader service engineers working for Bord Gais Eireann were independent contractors, not employees, and could not pursue a claim to join the company’s Employee Share Option Plan. The recommendation was signed on 26 March 2010.
The Technical, Engineering and Electrical Union brought the claim for engineers working under individual contracts. It withdrew claims for eight members operating through limited companies, while the 39 sole traders continued. The union argued that the engineers worked as employees because Bord Gais Eireann allocated their jobs, set their rates and supplied branded clothing. The company said they were self-employed contractors responsible for their own tax and insurance and free to refuse work.
The Court noted that the engineers could make themselves unavailable without repercussions and take work for other customers. It also considered that they handled their own tax arrangements and insurance. Although their work was integral to the company’s appliance servicing operation and Bord Gais Eireann allocated jobs and set rates, the Court found the engineers retained considerable autonomy. It concluded that they were engaged under contracts for services and had no standing to maintain the proceedings.