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When is a partnership not a partnership?

  • 20-03-2013 2:12pm
    #1
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭


    Here’s one I’ve been thinking about... when is a partnership not a partnership?

    Take the example of an ad for band members I saw recently.

    The info made it sound very like a paid employment role: some essential equipment provided, transport provided, a guaranteed minimum amount of work, organised overseas tours, being recruited and managed by a professional manager, among other things.

    Now, I know it’ll depend on what it says in the contracts, but it sort of reminded me of that issue that Revenue has with self-employed contractors who are technically employees under the Revenue guidelines.

    And then there was this in the ad: “You must be under 35 years of age”.

    Would that condition be problematic in the circumstances outlined, do you think?

    [PS and OT: as an aside, Ronnie Wood was only relatively recently made a full member of the Rolling Stones. Up to that, he'd been an employee.]


Comments

  • #2
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    IIRC the Beatles had a partnership agreement and a lot of the animosity between them came about from trying to dissolve it.


  • #3
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    A partnership consists of two or more persons carrying on a business in common; it can quite conceivably encompass the members of a band gigging commercially with an agreed split of revenues. Instruments could be owned individually or collectively, it is the common purpose of the enterprise ad sharing of its fruits which define a partnership (a simple, non statutory one).


  • #4
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    Marcusm wrote: »
    A partnership consists of two or more persons carrying on a business in common; it can quite conceivably encompass the members of a band gigging commercially with an agreed split of revenues. Instruments could be owned individually or collectively, it is the common purpose of the enterprise ad sharing of its fruits which define a partnership (a simple, non statutory one).

    By default the 1890 Partnership Act applies to all partnerships so defined.


  • #5
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    But do the provisions of the equality acts apply to partnerships?

    Specifically, in this case, the age ground?


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