We provide Legal & HR advice to protect and support your business.

2 minutes reading time (376 words)

Employment Status - Gig Economy

shutterstock 485732431

It looks like the key employment law issue for 2017 will be employment status. In recent months, there have been cases affecting a range of workers operating in the ‘gig economy’ where employment tribunals have held that they are entitled to paid holiday under the Working Time Regulations and to be paid at the rate of the National Minimum Wage. Some of the press coverage has struggled with the idea that individuals who are classed as ‘self-employed’ are actually entitled to a range of employment rights, but there is nothing unusual or surprising about this. The fact that someone is self-employed for tax purposes simply means that they are not an employee employed under a contract of employment. They can still be entitled to rights afforded to ‘workers’ – those who have a contract to perform work, but who are not running a business independent of the ‘employer’. They therefore qualify for working time and minimum wage rights (an important consideration given that the minimum rate for those aged 25 or over is now £7.50 per hour – but do not qualify for key rights such as maternity leave, redundancy pay or protection against unfair dismissal.

This longstanding distinction between employees and workers may now come under increased scrutiny. The Matthew Taylor review into Modern Employment Practices has the backing of the Prime Minister and is due to report this summer. It is a wide-ranging review looking at how Government can promote high quality work and working practices – but it is almost certain to address the employment rights of those not currently treated as employees. Many are making the case for equalising the employment rights of all those who are not actually operating their own business and that would certainly make it easier for the Government to end the distinction in taxation between the employed and the self-employed. It is starting to feel as though change is in the air. On the other hand, with the triggering of Article 50, the Government may have its hands full for the foreseeable future.

Contact Us

For more information on the above issue, or for a general enquiry regarding employment law, please contact our specialist employment lawyers today on 0808 1151 040 or complete our online contact form.

Redundancy Payments - Refusing an Offer of Suitabl...
Employment Lawyer Vacancy in Maidenhead

Call us 0800 8321554

Make an enquiry

Contact Kalra Legal Group

Please let us know your name.
Invalid Input
Please let us know your email address.
Please write a subject for your message.
Invalid Input
Please let us know your message.

What our clients say

“I am extremely grateful for the support I received from Anita during a very difficult time with a previous employer. It felt I was in a battle, but someone else was fighting that battle for me. Anita had my best interest at heart all the way, I really cannot praise her enough.”

R.B – Director at Software company

“I cannot thank you enough for all your efforts over the last 6 months working with our company to ensure we have taken all the necessary steps to protect our business and treat all our female staff equally.”

A.B - Managing Director of a Software Company

Contact us

Head Office
Suite 4, Ground Floor
Braywick House West, Windsor Road,
SL6 1DN 

4th Floor
86-90 Paul Street

Tel: 08008321554
Email: info@klglaw.co.uk

This website uses cookies to improve functionality and performance. By continuing to browse the site you are agreeing to our use of cookies.