ESB v. Minister for Social Community & Family Affairs [2006] IEHC 59


The ESB appealed a decision of the Social Welfare Appeals Officer to classify meter readers as employees for the purpose of social welfare contributions. The Officer had been particularly influenced by the fact that the meter readers had to have ESB approval, carried ESB ID cards and any substitute had to be approved by them.

Held: The High Court approved of this finding that the meter readers were employees despite the written terms of the contract stating that they were independent contractors.