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

AuthorMarie Quirke - Katie Winder
Pages47-57
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 platform economy and the
implications the characterisation of individuals has for their employment entitlements. The article explores
recent Irish, European 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.

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