LAW30170 Employment Law: the Contract of Employment Assignment 2026 | UCD

LAW30170 Assignment

TITLE

1. A critical note on Ryanair DAC v Reddy [2024] IEHC 719

In Ryanair v Reddy it was held that a Ryanair pilot was not an employee of Ryanair but

was a director of a company instituted to provide services to Ryanair via an

intermediary. Do you (from a legal perspective) agree with the decision of the High

Court? Provide a critical note of the decision.

The word limit for this short exercise is 1,100 words. This excludes footnotes; (however

footnotes should be used for references only and not for substantive content). An excess of

10% will not be penalized. A bibliography is not required.

The OSCOLA citation and style system should be used in the presentation of this assignment.

The UCD Academic Integrity Policy and UCD School of Law Plagiarism Protocol apply to this assessment addressed).

READING LIST

WEEK 1

Employment Law; Contract of Employment 2025 Identifying a Contract of Employment.

Evolution of the tests for distinguishing the employee and the person in self-

employment

1. Control

Uber v Aslam [2021] UKSC 407

His Majesty’s Revenue v Professional Game Match Officials Ltd [2024] UKSC 29

Karshan v Revenue Commissioners [2023] IESC 24

2. Personal service

Pimlico Plumbers v Smith [2018] UKSC 29

Independent Workers’ Union of Great Britain v RooFoods Ltd [2018] IRLR 84

Are the terms of the ‘working arrangement’ consistent with a contract of

employment?

Sub-component 1: Not being in business on one’s own account

United States v Silk. (1946) 331 US 704

Ready Mixed Concrete v Minister of Pensions [1968] 1 All ER 433

Sub-component 2: Terms and conditions typical of employment

Market Investigations v Minister for Social Security [1969] 2 Q.B. 173

Pimlico Plumbers v Smith [2018] UKSC 29

Sub-component 3: Permanency of relations

Barry v Minister for Agriculture [2009] 1 IR 215

Karshan v Revenue Commissioners [2023] IESC 24

4. Does the particular legislative regime require the court to admit persons who

are not strictly employees at common law?

Aslam v Uber [2021] UKSC 407

Periodical Literature

Bogg and Forde ‘The death of contract in determining employment status’ (2021) 137

Law Quarterly Review 392

1. De Stefano, ‘Regulation is not an A la Carte Menu’, UK Labour Law Blog
   Gwyneth Pitt, ‘The Simple Things You See Are All Complicated’, UK Labour Law Blog.
2. Doherty, ‘Domino dancing: mutuality of obligation and determining employment status in
   Ireland’ [2024] Industrial Law Journal 524-54

WEEK 2

Employment Law. The Contract of Employment 2025. Reading List. (i) Employment

misdescription. (ii) Interns, Personal Service Companies, licensees, religious ministers and

the agency worker

Topic A

Employment misdescription

Karshan v Revenue Commissioners [2023] IESC 24 [240]

Snook v London and West Riding Investments [1967] 2 QB 786

Autoclenz Ltd v Belcher [2011] UKSC 14

Uber v Aslam [2021] UKSC 5

Construction Union v Personnel Co Construction Union v Personnel Co [2022] HCA

1

Topic B

The Employment status of agency workers

Brightwater Selection v Minister for Social and Family Affairs High Court, 27 July

2011

Dacas v Brook Street Bureau [2004] IRLR 358

James v Greenwich LBC [2008] IRLR 303

Construction Union v Personnel Co Construction Union v Personnel Co [2022] HCA

1

The personal service company

Lacour v Obiqube (WRC, 2024)

Prest v Petrodel Limited [2013] UKSC 34

Gilford Motors v Horne [1933] Ch 935

The Intern

Melhuish v Redbridge Citizens Advice Bureau [2005] IRLR 419

The licensee

Cheng Yuen v Royal Hong Kong Golf Club [1998] ICR 131

Quashie v Stringfellows Restaurants [2013] IRLR 99

The religious minister

Sharpe v Worcester Diocesan Board of Finance [2015] EWCA Civ 399

Percy v Church of Scotland [2006] AC 28

Reading

1. Ford,’ The Fissured Worker: Personal Service Companies and Employment

Rights’ (2020) ILJ 35

Anthony Kerr, ‘The Status of Volunteers in Irish Employment Law’ (2023) Irish

Employment Law Journal 3

 

WEEK 3

Employment Law; The Contract of Employment, 2025. The Unfair Dismissals Act 1977-

2015. Grounds of review.

The framework regulating dismissal of employees protected by the Unfair Dismissals

Act 1977

The legitimate grounds of dismissal

Leach v Ofcom [2012] EWCA Civ 959

The standard of review of dismissal

Gaelscoil Moshíológ v Labour Court [2024] IESC 38

British Leyland v Swift [1981] IRLR 91

Reilly v Bank of Ireland [2015] IEHC 241

Fair procedures and dismissal

McKelvey v Iarnrod Eireann [2019] IESC 79

Sheehy v Board of Management of Killaloe Convent [2019] IEHC 456

Reasonableness: section 6(7)

Post Office v Fennell [1981] IRLR 221

GDPR 2016

Behan v Liberties Recycling, WRC, 3 July 2025

Reading

1. Ryan, Redmond on Dismissal Law (2017), chapters 22 & 23 (available through the library catalogue on UCD Connect)
2. Costello, ‘United Kingdom Legal Influence and Irish Unfair Dismissals Law’ (2024) 40 International Journal of Comparative Labour Law and Industrial Relations 2

WEEK 4 

Employment Law; The Contract of Employment, 2025. The Unfair Dismissals Act 1977-

2015. Conditions to eligibility

Part A. What is dismissal?

(a)Constructive dismissal

Berber v Dunnes Stores [2009] IESC 10

Mohally v Circus Factory, WRC 8 Aug 2025 (lower priority)

McDonnell v Irish Whiskey Museum (WRC, 2022) (lower priority)

May v Moog Ltd [2002] 13 ELR 261 (lower priority)

(b) Heat of the moment resignation

Omar v Epping Forest Citizens Advice. [2023] EAT 132

(c) Indirect language

Futty v Brekkes [1974] I.R.L.R. 130 (lower priority)

(d) Employer deeming non-compliance as dismissal

Igbo v Johnson Mathey [1986] I.C.R. 505

(e) Expiry of a fixed term

Board of Management Malahide Community School v Conaty [2019] IEHC 486

Limerick City Council v Moran WRC, 11 Jan 2018

The worker who has less than one year’s continuous service with his employer

The end dates. When does employment start?

When does employment end?

Alshareefy v Morgan O’Connell Pharmacy, WRC, 2 Dec 2024 (lower priority)

The employee must have aggregated 52 weeks’ continuous service

Kenny v Tegral Building (EAT 16/01/2006) (lower priority)

Lynch v Gala (EAT, UD753/2014) (lower priority)

The settlement agreement as a bar to eligibility

Hurley v Royal Cork Yacht Club [1997] ELR 225

Reading

1. Ryan, Redmond on Dismissal Law (2017), chapters 22 & 23 (available through the library

catalogue on UCD Connect)

1. Costello, ‘United Kingdom Legal Influence and Irish Unfair Dismissals Law’ (2024) 40

International Journal of Comparative Labour Law and Industrial Relations 205 (on

constructive dismissal)

‘In the heat of the moment’. Hugh Collins,’ UK Labour Law Blog,

https://uklabourlawblog.com/)

While the cases marked ‘lower priority’ provide important authority on various interpretative

points, they are not essential reading. Cases determined by the WRC are available at:

www.workplacerelations.ie/e

WEEK 5

Reading List. Employment Law. 2025 The Contract of Employment. The Protection against

Wrongful Dismissal at Common Law

Limits on the right to dismiss on notice deriving from the Constitution, the ECHR and

implied terms

McClelland v NE General Health Services Board [1957] NI 100

Lingham v HSE [2006] 17 ELR 137

Peterman v Teamsters Local 396 (1959) 174 Cal. App. 2d

Meskell v CIE [1973] IR 121

Union of Shop, Distributive and Allied Workers v Tesco [2024] UKSC 844 28

Nolan v Science Foundation [2024] IEHC 368

Summary dismissal

Williams v Leeds United [2015] IRLR 383

Carvill v Irish Bank [1968] IR 325

McCormack v Hamilton Academical [2012] IRLR 108

Fair Procedures in the Dismissal Process

Gunn v NCAD [1990] 2 IR 168

O’Donovan v Over-C Technology Ltd [2021] IECA 37

The standard of review in wrongful dismissal

Wilson v William Grant & Sons, Employment Tribunal (Scotland), 14 June 2021 (available

westlaw.uk).

Reinstatement: the employment injunction

Quigley v HSE [2017] IEHC 654

Nolan v Science Foundation [2024] IEHC 368

Reading

Redmond on Dismissal Law (Bloomsbury 2017). Chapters 2 & 4; available online via the

UCD Library catalogue

Zoe Adams, ‘Fire and Hire: Inconsistent with Community Expectations’ (2025)

Cambridge Law Journal, 19-21.

Alan Eustace, ‘If It Walks Like Misconduct and Quacks Like Misconduct … It’s “Poor

Performance”? O’Donovan v Over-C Technology Ltd. (2021) Irish Employment Law Journal

31

Anne Davies, Valuing Employment Rights: A Study of Remedies in Employment Law (London

2024), Chapter 6. (Just read the section in chapter 6 entitled ‘Dealing with Employment Threats

(2)/termination Situations’). The book is available online via the UCD Library.

WEEK 6

2025. The Contract of Employment. Law30170. The illegal contract of

employment. Variation of the contract of employment

The Illegal contract of employment. When does illegality make a

contract unenforceable?

Quinn v IBRC [2015] IESC 29 (in particular, para8)

Sobhy v Chief Appeals Officer [2021] IESC 81

Lewis v Squash Ireland [1983] ILRM 363

Hounga v Allen [2012] IRLR 685

Coral Leisure v Barnett [1981] IRLR 204

Blue Chip Trading Ltd v Helbawi [2009] IRLR 128

Legislative intervention

Section 8 Unfair Dismissals Act 1977

Section 2B of the Employment Permits (Amendment) Act 2014

Commentary

Martin Hogg, Sobhy v Chief Appeals Officer [2021] IESC 81

(2023) 5 Irish Supreme Court Review

Variation of the contract

Acceptance

Conaty v Board of Management of Malahide School [2019]

IEHC 486

Abrahall v Nottingham City Council [2018] IRLR 628

Payment of Wages Act 1991, s. 5

Gouldings Chemicals v Bolger [1977] IR 211

Consideration

Pearson v Amey Facilities (EAT (EW), 11 July 1997)

The variation clause

Bateman v ASDA [2010] IRLR 370

Cleary v B & Q [2016] IEHC 119

Fire and rehire

Catamaran Cruisers v Williams [1994] IRLR 386

WEEK 7

Employment Law. Contract of Employment 2025. Wages

Cases marked are of particular importance.

1. The theoretical basis of entitlement to wages: working or being ‘ready and willing’

to work?

Wages and industrial action

Miles v Wakefield[1987] A.C. 539

Wiluszyski v Tower Hamlets Borough Council [1989] ICR 493

A Bogg and M Ford, ‘Striking, Pay Deductions, and Reasonable Orders: A Legal

Analysis’, UK Labour Law Blog, 6 October 2022,

available: https://uklabourlawblog.com/).

David Mead, ‘We’re miles apart: disproportionate deductions from wages, industrial

action and human rights’ (2023) 52 Industrial Law Journal 1

Suspending work on economic grounds and wages

Devonald v Rosser [1906] 2 KB 728

Petkevicius v Goode Concrete [2014] 25 ELR 117

Astrid Sanders, ‘Devonald v Rosser and Sons (1906): Avoiding One-Sidedness in

Contracts for Personal Performance of Work’ in Landmark Cases in Labour Law, ed

ACL Davies (London 2022) pp. 55-78 (available online through UCD Library

catalogue)

Wages during illness

R v Wintersett (1783) Calc 293

Rooney v Ossie J. Kilkenny,High Court, 9 March 2001

Mullarkey v Irish National Stud Company [2004] ELR 172

An Employer v A Bicycle Shop [2017] ADJ-00007565

Sick Leave Act 2022

Wages and absence caused by the criminal or regulatory process

Burns v Santander [2011] IRLR 639

Gregg v North West NHS [2019] ICR 1279

Benjamin Mendy v Manchester City Football Club [2024] EW EAT

1. The Payment of Wages Act 1991

Deductions on grounds of misconduct or negligence

Wrafter v Greenhill Fruit Farm WRC, 7 Aug 2024 (ADJ-00047191)

1. Overpayments

Avon CC v Howlett [1983] IRLR 171

Lipkin Gorman v Karpnale Ltd[1991] 2 AC 548

1. Expenses

Benyatov v Credit Suisse [2023] EWCA 140

Katz v Mana Coach Services. [2011] NZCA 610