The Taylor Review of modern employment practices proposes a number of changes to employment law and although these are currently only recommendations to the government, it is expected that new laws will be introduced in due course. Michael Shroot, head of employment law at WHN Solicitors, looks at what the review has to offer for workers.
Employment status
With 4.8million Britons now self-employed, the report explores current laws which mean firms can get away without paying National Insurance, holiday and sick pay, and puts forward a raft of over 50 recommendations to plug these gaps while boosting the rights of self-employed workers and those on zero-hour contracts.
For those working as self-employed contractors, the review recommends a new category of employment status the ‘dependent contractor’. Essentially this would give someone the same rights as ‘workers’ currently benefit from, including holiday pay, statutory sick pay and protection from unlawful discrimination.
Changes have also been recommended to how you should determine whether a person is genuinely self-employed or whether they are a dependant contractor. This should mean it would be easier for a person to be treated as a dependant contractor and thus be entitled to additional benefits.
Statement of terms
Taylor has recommended that workers have the right to a statement of their terms and conditions which include details of their statutory rights at the outset, in the same way employees do. This would give better clarity to workers over their status and rights.
Working hours
The review recommends a right to request set hours but recognises that a flexible labour market is essential. While it’s necessary to ensure workers are not exploited, it’s true that many people need and desire flexibility, as well as the right to turn down work.
Pay
It is suggested that the Low Pay Commission should be tasked with examining how a higher rate of minimum wage might be applied to those with non-guaranteed hours to ensure they are not unfavourably treated.
Tribunals
The review recommends that it be made easier and cheaper for people to challenge unfair work practices through employment tribunals. Tribunal fees have now been determined as unlawful by the supreme court, meaning tribunals have stopped charging fees for employment claims, while those who have paid the fees since they were introduced in July 2013 will be refunded.
The Taylor Review calls for clarity to be provided to workers on a range of issues, so that they can properly understand their status and associated rights, and have the ability to enforce those rights where necessary.
It will now be for the government to take steps to implement the recommendations through legislative change, with the government scheduled to look at the report and respond later on in the year.
For advice on your worker rights or any other employment law matter, call Michael Shroot on 0161 761 8087 or email him at michael.shroot@whnsolicitors.co.uk
