Kate Field

Partner, Addleshaw Goddard

Kate Field is a Partner in the Disputes Group in AG and is a senior member of the Employment Team.

Kate has extensive experience advising corporate clients on all aspects of the employment relationship. Kate advises employers in relation to non-contentious and contentious matters.

Kate supports clients on a day to basis in ensuring they are fully advised on employment law and in ensuring contractual and policy documentation comply with legal requirements. Kate regularly reviews and drafts contracts of employment, consultancy agreements and policies. Kate also specialises in re-organisations and assisting on TUPE procedures and redundancy/ collective redundancy procedures.

Kate assists employers in implementing disciplinary and grievance procedures including assisting in carrying out fact-finding investigations and follow-up disciplinary hearings. Kate assists employers in negotiating exits and termination agreements involving different levels of employees including senior executives. Kate also advises in relation to alternative dispute resolution procedures such as mediation. Kate advises on and represents clients in claims before the Civil Courts and the Workplace Relations Commission (Irish employment law tribunal).

Kate regularly gives talks and training to employers, HR specialists, general counsel and legal advisors on employment law updates and horizon scanning.

Contributed to

2

Ireland—Employment status of individual consultants

Practice Notes

IntroductionThis Practice Note considers the Irish employment status issues that arise when a company engages an individual consultant. It explains the legal position following the Revenue Commissioners v Karshan (Midlands) Ltd t/a Domino’s Pizza, the five-step framework for determining employment status, the relevance of Office of the Revenue Commissioners (Revenue) and Department of Social Protection (DSP) guidance, the potential impact of Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions in platform work (EU Platform Work Directive) and the practical consequences of reclassification.The status analysis is relevant because the consultancy agreement should support that status, however the written label is not decisive. Irish courts, the Office of the Revenue Commissioners (Revenue), the Department of Social Protection (DSP) and the Workplace Relations Commission (WRC) may look at the full working relationship and how the arrangement operates in practice. This Practice Note does not provide a clause-by-clause explanation of the consultancy agreement. It explains the employment status issues that inform the drafting

Ireland - Employment

Ireland—Consultancy Agreement—company and company—pro-client

Precedents

This Agreement is made on [insert date]between1[Name of client company] a company incorporated in Ireland with Companies Registration Office number [insert company number] whose registered office is at [insert address] (Client); and2PartiesThis agreement is between the two corporate entities. The individual consultant is not a party to the agreement, in order to avoid any direct contractual relationship between the individual and the Client.The parties have an interest in ensuring that the identities of both companies are properly specified in the agreement. If the consultancy services are to be provided through a limited company, it is worth doing a company search through the Companies Registration Office (CRO) to verify the company name and also to check the details of the directors.It is important to establish the type of legal entity of the Client company. In Ireland the types of companies governed by the Companies Act 2014 (Ireland) are Private Companies Limited by Shares (LTD), Designated Activity Companies (DAC), Companies Limited by Guarantee (CLG), Public Limited Companies (PLC), and Unlimited Companies. The most

Ireland - Employment