A former fiddler for country music star Michael English has been awarded nearly €44,000 for unfair dismissal and breaches of employment rights after a tribunal rejected claims he was a contractor working “gig to gig” for six years.
The Workplace Relations Commission (WRC) ruled that Matt McGranaghan was unfairly sacked by the management of the Michael English Band – MEPC Music Ltd – in September 2021 following a row over employment rights.
The tribunal’s decision, published yesterday, marks the first time it has applied the principles of the Supreme Court’s ruling last year on distinguishing employees from contractors to the entertainment industry.
At an initial hearing into his complaints under the Unfair Dismissals Act 1977 and other employment law last year, Mr McGranaghan told the WRC he secretly recorded a band meeting in August 2021 when Mr English said making band members employees was “a non-runner”.
“I’ve too many things going on and I’m going to continue hiring musicians the same way I’ve always done for the last 22 years. If that doesn’t suit any of ye, I’d appreciate it if you’d let me know now,” the singer is alleged to have said.
Mr McGranaghan was told the following month by email that his services were no longer required and received no notice pay on the termination of the relationship, the tribunal heard.
Two years earlier, Mr McGranaghan told the tribunal, he had raised the question of employment status. Mr English had made it clear that the band’s manager, music promoter Paul Claffey, wanted him “gone”.
“I could easily pick up a fiddle player – pick up the phone and say ‘You want a job?’ and I’d get 10 who want it. I’ve got a good name in this business. I’m not difficult to work for. I’m paying the going rate. I’m 100 times busier than any other band, so I can do that,” Mr English was alleged to have told Mr McGranaghan at a meeting in May 2019.
Mr McGranaghan said he was quoting from transcripts of recordings he had made in the course of the dispute without Mr English’s knowledge when he referred to these conversations at a preliminary hearing last year.
A barrister acting for the band’s management had objected to the material being aired.
WRC adjudicator Caroline Reidy heard extensive evidence from both parties on the circumstances of Mr McGranaghan’s working life with the Michael English Band at a hearing at the WRC’s offices in Sligo last January.
Mr English had been set to give evidence in defence of the complaints, but departed at lunchtime that day. The tribunal was told he had a previous commitment, and the complainant side agreed the case could go on without the singer’s evidence being required.
Derek Ryan, for MEPC Music Ltd, said it “vigorously and strenuously” denied Mr McGranaghan was ever an employee and maintained he had always been a contractor.
Giving evidence, Mr McGranaghan urged the WRC to find that he was in insurable employment with MEPC Music Ltd, a finding that would set aside a previous ruling by the Social Welfare Appeals Office (SWAO).
Mr Ryan put it to the fiddle player in cross-examination: “My client is going to say you were gig to gig.”
The claimant accepted when questioned that he was never given a contract, a written statement of terms and conditions of employment or a set of disciplinary procedures.
“So, you were never given any document from MEPC Ltd?” counsel asked.
Mr McGranaghan replied: “That’s a consequence of bogus self-employment.”
Martin McMahon, for the complainant, said Mr McGranaghan made €50,000 a year for playing around 220 gigs.
Ms Reidy noted the relationship between Mr McGranaghan and MEPC Music Ltd involved the weekly exchange of money for work as well as the provision of his personal services as the band’s “resident fiddle player”.
There was also sufficient control exercised by the employer to potentially qualify the relationship as employment, she wrote, as Mr McGranaghan had “no flexibility” on when he played with the band, wore a uniform, was told what to play and took direction from the company.
On that basis, Ms Reidy ruled that Mr McGranaghan could not be a contractor and had been an employee of the company.
She found his dismissal had been unfair and awarded him six months’ salary for his losses, a sum of €26,880, for the breach of the Unfair Dismissals Act 1977.
She also awarded compensation totalling €12,480 for breaches of employment rights.
Mr McGranaghan will also receive four weeks’ notice pay of €4,480. In total, MEPC Music Ltd has been directed to pay Mr McGranaghan €43,840 on foot of his complaints.
