LAW30170 Employment Law: the Contract of Employment Assignment 2026 | UCD
| University | University College Dublin (UCD) |
| Subject | LAW30170 Employment Law: the Contract of Employment |
LAW30170 Assignment
TITLE
- 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
- 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
- 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
- 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
- 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. - 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
- 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-
- 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
- Ryan, Redmond on Dismissal Law (2017), chapters 22 & 23 (available through the library catalogue on UCD Connect)
- 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-
- 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
- Ryan, Redmond on Dismissal Law (2017), chapters 22 & 23 (available through the library
catalogue on UCD Connect)
- 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.
- 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
- The Payment of Wages Act 1991
Deductions on grounds of misconduct or negligence
Wrafter v Greenhill Fruit Farm WRC, 7 Aug 2024 (ADJ-00047191)
- Overpayments
Avon CC v Howlett [1983] IRLR 171
Lipkin Gorman v Karpnale Ltd[1991] 2 AC 548
- Expenses
Benyatov v Credit Suisse [2023] EWCA 140
Katz v Mana Coach Services. [2011] NZCA 610
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