Maura Connolly : “Media Employers Review Worker Status for Revenue Guidance”

By | June 3, 2024

1. Media employers review workers’ status
2. Revenue guidance for Media employers.

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Legal experts are advising employers in the media sector to carefully review their use of freelance workers following new guidelines issued by the Revenue Commissioners last month regarding the tax treatment of such workers.

The guidance, published by Revenue, comes in response to a Supreme Court ruling in October that deemed drivers for Domino’s Pizza as employees rather than self-employed contractors.

Maura Connolly, head of employment law at Addleshaw Goddard, highlighted the significance of the 58-page tax and duty manual, suggesting that it signals Revenue’s intent to increase interventions in assessing worker classifications across various industries.

“Businesses should now review their arrangements as Revenue is likely to conduct audits and investigations in this area,” said Ms Connolly.

The technology, banking, marketing, and media sectors, which heavily rely on freelance workers, have been specifically mentioned as areas of focus. Any high-profile cases involving such employers could further drive the need for action.

Ms Connolly emphasised the importance of employers proactively reviewing their commercial arrangements, as triggers such as contractor claims, Revenue audits, or investigations by the Department of Social Protection could prompt scrutiny.

While the issue of employee categorisation is not new, the Domino’s case introduced a five-step test for determining employment status, with a focus on the level of control exerted by the employer over the worker.

According to Revenue, the media sector is likely to meet the control test due to the nature of engagements with workers such as actors, presenters, journalists, camerapersons, sound engineers, and producers.

Commissioned work in the media industry is expected to result in an employee-employer relationship, while key control questions for journalists include rate-setting, deadlines, and editorial style determination.

At RTÉ, a review of 695 cases of “bogus self-employment” is underway, following a legal review that revealed misclassification of workers as self-employed freelancers instead of direct employees.

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1. Media employers urged to review workers’ status amid new Revenue guidance – The Irish Times
2. Media employers urged to review workers’ status amid new Revenue guidance – The Irish Times.

   

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