Striking The Right Chord: McGranaghan Case Changes The Tune For Gig Workers

Introduction

Further to our previous Insight on the recent Supreme Court case of The Revenue Commissioners v Karshan Midlands Ltd T/A Dominos Pizza [2023] IESC 24 (Karshan), which looked at the criteria for determining employment status (see here), the issue has come before the Workplace Relations Commission (WRC) in the highly publicised matter of Matthew McGranaghan v MEPC Music Limited (ADJ-00037668). The WRC's decision marks the first time it has applied the principles of the Supreme Court's ruling in Karshan.

Background

The Complainant, Mr. Matthew McGranaghan, was a fiddler in the Respondent's band, the Michael English Band. The Complainant had been performing with the band since 2014. On 22 September 2021, the Respondent emailed Mr. McGranaghan to confirm that his services would no longer be required, after he raised concerns about his employment status. The Complainant brought a number of complaints to the WRC alleging that he was an employee rather