07 February 2018

Employment rights for so called gig workers has been a very topical issue. The Taylor Good Work Report made a number of recommendations in this regard (see link below). The Report investigated the impact modern working practices have and found that while the strength of the UK economy is built on flexibility, clearer focus was needed on the quality of work (and not just quantity).

Today the Government issued its response to the Report, suggesting that “millions of flexible workers will receive new rights under major government reforms as the UK becomes one of the first countries to address the challenges of the changing world of work in the modern economy”. The response notes that the Government proposes to:

• help enforce workers' holiday and sick pay rights;
• require employers to issue a list of day-one rights including holiday and sick pay entitlements and a new right to a payslip for all workers, including casual and zero-hour workers
• introduce a right to request a “more stable contract” for all workers including zero hour workers (albeit no clarity is given as to what this means);
• introduce a 'naming and shaming' scheme for employers who do not pay Employment Tribunal awards;
• make sure new and expectant mothers know their rights;
• ask the Low Pay Commission to consider introducing a higher rate of the national minimum wage for workers on zero hour contracts.

The Government has also stated that it intends to consult upon a number of the key recommendations within the Report, including on how legislation can make it easier to understand whether someone is an employee, worker or self-employed and to determine which rights and tax obligations apply to them. In addition, the Government has also stated it will seek to protect workers’ rights by taking further action to ensure unpaid interns are not doing the job of a worker, and quadrupling Employment Tribunal fines for employers showing malice, spite or gross oversight to £20,000 and consider increasing penalties for employers who have previously lost similar cases.

Protecting and clarifying rights in these cases is an important topic. As ever the devil will be in the detail. Your BTO employment experts can help you navigate the complex maze of employment protection rights in this area.

Link to Taylor Review of Modern Working Practices – Changes afoot?

To discuss further please contact one of our BTO employment lawyers on 0141 221 8012.