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Law Society sends recommendations to the Taylor Review

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Law Society sends recommendations to the Taylor Review

Law Society sends recommendations to the Taylor Review

In October 2016, the government announced a review of modern employment law practices, in light of the series of “gig worker” cases before the courts and tribunals. Matthew Taylor, Chief Executive of the Royal Society of Arts, was commissioned to carry out the review.

The Law Society has published the submissions it sent to the Taylor Review, expressing its views and recommendations as to how the government can ensure that modern employment law practices are adequate and up to date. The submissions had two key aims:

  1. to streamline the definitions relating to employment status so that people can more readily recognise the rights available to them; and
  2. to focus on improving enforcement and redress if employers operate outside of this framework.

The recommendations were as follows:

  • the introduction of new statutory definitions of “employee”, “worker” and “self-employed”;
  • all employees should receive a written statement clarifying their employment status and who their employer is;
  • the Director of Labour Market Enforcement should be given powers, similar to that of the Competition and Markets Authority, to conduct inquiries into sectors and the application of employment legislation, when it believes there are issues that need exploring. The Director of Labour Market Enforcement may also request that organisations in high-risk sectors report on their employment practices;
  • the current tribunal fee system should be scrapped as it undermines the ability to enforce employment rights; and
  • the Gangmasters and Labour Abuse Authority should be given the responsibility to carry out investigations to discover whether an organisation and/or group of organisations in a sector have correctly attributed employment status and clarify what rights and responsibilities exist.

It was initially anticipated that the review would take six months but this deadline has now passed.

We eagerly await the publication of the Taylor Review to see which, if any, of the above submissions are commented on.

If you would like more information, please contact Millie Kempley