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Working It Out

22nd February 2018

By Andrew Knorpel, Partner and Head of the Employment team

On 7 February 2018, the Government published their response to the Taylor Review of modern working practices. Headline items in an initial press release focussed on matters such as a new right to a payslip for all workers (not just employees), a right for workers to request a “more stable contract” and making sure that interns do not carry out unpaid work which should be carried out by paid staff.

This was followed up by four consultation papers dealing with enforcement of employment rights, agency workers recommendations, measures to increase transparency in the UK labour market and employment status.

Amongst other things, the Government has indicated that it will also –

  • examine whether aspects of case law regarding employment status should be written into legislation, although it rejects the Taylor recommendation of a new status of “dependent contractor”
  • investigate by how much it should increase the period of time (presently one week) which will break continuity of service if not covered by a contract of employment
  • review how working time should be defined for app-based platform workers; for instance should the national minimum wage be paid for time spent waiting for work while logged into an app
  • simplify enforcement procedures for tribunal awards, sanction those employers who repeatedly lose tribunal claims and increase the penalties for defined “aggravated” breaches of employment law
  • provide greater guidance on the rights of pregnant workers and those on maternity leave

For the time being, the Government will not be implementing a few of the Taylor Review’s other recommendations –

  • Placing the burden of proof for proving employment status on the employer
  • Permitting rolled-up holiday pay even though administratively convenient because it breaches EU law

Finally and completely separately, the Government has formally announced all the new rates coming into force in April 2018. You can see the new rates for a week’s pay, the cap on unfair dismissal compensation, national minimum wage and many others by viewing our updated Facts and Figures.

The contents of this update are intended as guidance for readers. It can be no substitute for specific advice. Consequently we cannot accept responsibility for this information, errors or matters affected by subsequent changes in the law, or the content of any website referred to in this update. © Mundays LLP 2018.

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