February was a busy month in the gig economy with the Government's response to the Taylor Review being published. Along with the response was the publication of four consultations. In chronological order of when the consultations close, these are as follows:-
- Consultation on agency workers - this consultation closes on 9 May 2018
- Consultation on enforcement of employment rights and - this consultation closes on 16 May 2018
- Consultation on measures to increase transparency in the labour market - this consultation closes on 23 May 2018
- Employment status consultation - this consultation closes on 1 June 2018
It seems that the only decision that did not come out in favour of individuals in the gig economy last year was that taken by the Central Arbitration Committee when they found that Deliveroo riders were not workers. The Independent Workers Union of Great Britain, who had brought the case before the CAC looking for recognition for collective bargaining purposes, is now seeking a judicial review of the decision. A judge will now decide whether the application for review should be allowed to proceed to a substantive hearing.
Meanwhile some blood couriers (who deliver emergency blood supplies) working for The Doctors Laboratory have gained full employment rights as part of an out of court settlement with the company. Last year the company accepted that some of its self-employed van drivers and bicycle and motorcycle couriers should be classed as workers. However, this further concession entitles the newly recognised employees to rights such as sick pay, maternity leave and protection for unfair dismissal.
And finally, thanks to the Employment Rights Act 1996 (Itemised Pay Statement)(Amendment) Order 2018, and as mentioned in the Government response to the Taylor Review, from 1 April 2019 all payslips must state the number of hours being paid where wages vary according to time worked. This should make it easier for workers participating in atypical forms of work to check they are being paid correctly.