The Government publishes its response to the recommendations of the Taylor Review of Modern Working Practices: the launch of 4 new consultations
Last week, the Government published its much-anticipated response to the recommendations flowing from the Taylor Review which looked at modern working practices following the rise of the ‘gig’ economy. The full report can be accessed here:
Disappointingly, the Government’s response contains very few clear policy commitments preferring, instead, to start wide-ranging consultation processes regarding some of the key areas, namely:
enforcement of employment rights
increasing transparency in the UK labour market
Chances are we won’t see much progress soon, and probably not in this Parliament, to codify or clarify the thorny, and unpredictable, issue of employment status for employers. In the short term, Employment Tribunals and appeal courts across the UK will continue to grapple with these issues and reach fact-specific conclusions on individuals’ status in cases coming through from the ‘gig’ economy and beyond. This is far from satisfactory, but reflective perhaps of the difficulty facing Parliament in deciding the best and most appropriate legislative solution from the range of options available.
Here’s our summary of the main proposals which are to be taken forward, and those which are not:
Proposals / reforms flowing from the Taylor Review which the Government has indicated will go ahead:
Proposals / reforms which we now know won’t be going ahead:
And, finally, it may have escaped the headlines but didn’t escape our attention – nestled deep in the report at page 50 is the suggestion that the Government may be considering the reintroduction of Tribunal fees. The Government reminds us that the Supreme Court in R (on the application of Unison) v Lord Chancellor did not find the charging of fees as being wrong in principle and accepted that fees were a legitimate means of making resources available to the system of courts and tribunals. They are reviewing the Supreme Court’s Judgment “carefully”. One possibility if fees are reintroduced, is for claims regarding employment status to be exempt and not attract a fee under that system.