Defining the employment relationship in the platform economy - independent contractors, workers or employees?

• Author: Marie Quirke - Katie Winder
• Pages: 47-57

IRISH JUDICIAL STUDIES JOURNAL

47

[2021] Irish Judicial Studies Journal Vol 5(1)

47

DEFINING THE EMPLOYMENT RELATIONSHIP

IN THE PLATFORM ECONOMY –

INDEPENDENT CONTRACTORS, WORKERS OR

EMPLOYEES?

Abstract: This article discusses the emerging employment law in relation to the platf orm economy and the

implications the characterisation of individuals has for their employment entitlements. The article explores

recent Irish, Europea n and English law on the definition of ‘workers’ in the labour market.

Authors: Judge Marie Quirke and Katie Winder LLB.

‘The world is going through a new economic revolution, disrupting the

economy, businesses, labour markets and our daily lives in a way not seen

since the industrial revolution. Driven by technological innovations and

increased online connectivity, the role of digital labour market matching is

rising. At the heart of this change is the rise of the platform economy.’

- Daisy Chan and others.

1

Introduction

Labour law is an important area of law dealing with rights and responsibilities of

employees, employers, and organisations. While protecting, regulating, supporting, and

restraining the functions and powers within the employee-employer relationship, ‘it is the

function of law to preserve and where it can promote industrial peace’.

2

Employment

relations are constantly adapting and adjusting to the new environments of labour relations,

regulations, and the demand for flexibility in certain fields of work. Environmental

developments create a constant change in patterns of work, forms of work and the

evolution of work. Notably, Todolí-Signes has highlighted the fact that the ‘legal concept

of an employee is rooted in a pre-Internet era’, so it is not surprising to see that the

emergence of the platform economy has played a significant role in transforming the

industrial landscape of the 21st century.

3

The platform economy – also termed the ‘gig’ or

‘digital’ economy – utilizes recent developments in technology to create new boundaries

and possibilities for all individuals involved in the world of work. Specifically, the platform

economy is a new iteration of working.

This article seeks to explore the significance of the platform economy in the 21st century,

the impact these working arrangements have on traditional employment relationships and

whether recent case law in Ireland, the European Union and the United Kingdom has

clarified the legal status of these working arrangements.

1

Daisy Chan, Freek Voortm an and Sarah Rogers, ‘The Rise of the Platform E conomy’ (Deloitt e, December

2018) <htt ps://www2.deloit te.com/content/dam /Deloitte/nl/Documents/h umancapital/deloitte-nl-hc-

reshaping-work-conference.pdf> accessed 22 January 2021.

2

Johan Piron, ‘The Theory of Collective Bargaining ’ (1978) 41 TH RHR 183, 196.

3

Adrián Tod olí-Signes, ‘The ‘Gig Economy’: Em ployee, Self-employed or the Need for a Special E mployment

Regulation?’ (2017) 23(2) Transfer 193, 193. See also K evin Bell, ‘Is the Gig Finally Up?’ (2020) 17(1) Irish

Emp loyment Law Jou rnal 9.