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Today, the much-anticipated Taylor Review was published, with a speech by Matthew Taylor outlining his recommendations, followed by comments from Prime Minister Theresa May. The opening lines of the Review set out Taylor’s ambition: “The work of this Review is based on a single overriding ambition: All work in the UK economy should be fair and decent with realistic scope for development and fulfilment,” an aim May echoed in her own speech, calling for a balance of flexibility and protections of worker rights in the labour market.

The report comprises more than 100 pages of detailed analysis and recommendations, and will no doubt form the basis of debate over the coming weeks and months. We’ve set out here some of the key recommendations which will be of most interest to employers.

The Review deals with the ‘gig economy’ and the issue of the employment status of people who deliver services via platforms such as Deliveroo and TaskRabbit. The status of these people has been at the heart of a number of the high-profile cases recently, where companies have asserted that they are ‘self-employed,’ and individuals have argued they are ‘employees’ or ‘workers.’ However, the issue of employment status is not just confined to gig economy companies – it is relevant to any organisation that engages people on a freelance or self-employed basis.

Employment status: what’s new?

Employment law currently recognises three categories of individual, each with different rights and protection (see more detail in our blog here), broadly:

  • The self-employed, who have no employment law rights
  • Workers, who benefit from basic protections such as the minimum or living wage and paid annual leave
  • Employees, who have the greatest number of rights and protections

Continue Reading Taylor Review: a review of the Review

The Equality Act 2010 makes it unlawful to subject an employee to detriment because they have raised (or are threatening to raise) a complaint about discrimination – so-called “victimisation.”

Over the last year or so there have been conflicting judgments from the Employment Appeal Tribunal on the issue of ex-employees and whether they are protected from victimisation.

Today the Court of Appeal handed down its judgment in Jessemey –v- Rowstock Limited [2014] EWCA Civ 185 and confirmed that ex-employees are protected from victimisation by their former employer. The judgment is not, at the time of writing, available online but please contact us if you would like a copy.Continue Reading Victimisation under the Equality Act 2010 – ex-employees are now protected (again!)

Employers are required to collectively consult when proposing to dismiss 20 or more employees at one establishment as redundant within a period of 90 days or less (section 188 Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”).Defining what is meant by “at one establishment” for this purpose has always been tricky, and has led to significant debate. The issue is of particular importance to employers with multiple sites, such as retailers.

But now it seems that such debate has been rendered obsolete, with the Employment Appeal Tribunal (the “EAT”) holding that the words “at one establishment” should be deleted from section 188. Although this makes the law easier to apply, employers should be aware that the price of such clarity is that they are now more likely to be subject to collective consultation obligations when making widespread redundancies.Continue Reading Rewriting the law – UK collective redundancy consultation obligations change dramatically