Vol. 426 No. 1
102 Mr. R. Bruton asked the Minister for Enterprise and Employment if his attention has been drawn to the fact that motorcycle couriers are treated as self-employed people and as such do not enjoy the normal protection for workers in respect of hours worked, holidays, sick pay, unfair dismissal, trade union membership and other such protections; and if he will make a statement on the matter.
For the purpose of labour protection legislation generally, eligibility of motorcycle couriers or of any other persons depends on their employment status. The scope of such legislation generally extends to persons who are engaged under a contract of employment or apprenticeship and who otherwise fulfil the eligibility requirements of the legislation concerned.
As a rule, persons engaged under a contract for services would fall outside the scope of labour protection legislation. In cases of dispute or doubt, determination as to whether any individual falls within the scope of labour protection legislation would be a matter for the relevant adjudicative authority e.g. Employment Appeals Tribunal, or a appropriate, the Courts — in the light of the circumstances of the particular case. In this connection, the nature of the contract between the parties would be a central consideration.
