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The Law Society has Made its Submissions to the Taylor Review Calling for Some Wide Ranging and Interesting Proposals!

As some of you may recall, Matthew Taylor was appointed by Theresa May in October 2016 as the chair of the Independent Review of Employment Practices in the Modern Economy to review the UK’s employment practices. This was in response to concerns about the developing nature of workplace practices, particularly in the gig economy.

The Law Society has now published its own recommendations to the Taylor Review on how best to protect workers’ rights in the wake of these changes. It makes the following key recommendations:

  • There should be new statutory definitions of ‘employee’, ‘worker’ and ‘self-employed’;
  • All individuals should receive a written statement confirming their employment status. ACAS should publish clear descriptions of each type of status, together with the associated rights and responsibilities;
  • A system of ‘joint employers’ should be implemented. Under this approach, an individual may be jointly employed by both a ‘contractual’ employer and some other party who has the power to hire and fire, set terms and conditions, or supervise;
  • Responsibility for enforcing the law should be shared between individuals and the state. The Director of Labour Market Enforcement should also be able to conduct enquiries into particular sectors;
  • The Gangmasters and Labour Abuse Authority (GLAA) should be granted the power to be able to investigate whether an organisation has correctly attributed employment status. If either party disagrees with the GLAA's conclusion then the matter would then be determined by an employment tribunal;
  • Employment tribunal fees should be abolished; and
  • Certain organisations should be required to publish an annual employment practices statement, although this may be limited to those organisations who are required to report under the Modern Slavery Act 2015.

This bulletin is for general guidance purposes only and should not be used for any other purpose.

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