UK: Good Work: Taylor Review On Modern Working Practices

Last Updated: 25 July 2017
Article by Gina Unterhalter

The much anticipated independent review of modern working practices by Matthew Taylor, Chief Executive of the Royal Society of Arts, was published this week (11 July 2017).

The review suggests a national strategy to provide good work for all "for which government needs to be held accountable".  It takes the following into consideration when it talks about "good work": wages, employment quality, education and training, working conditions, work life balance, consultative participation and collective representation. Its key message is that everyone should enjoy a "baseline" of protection and be given routes to enable progression at work.

The full review can be accessed via the following link:

https://www.gov.uk/government/publications/good-work-the-taylor-review-of-modern-working-practices

Some of the key recommendations are set out below. It remains to be seen whether and when the government might implement any of them:

Worker status

  • Updating legislation to lay out exactly the legal tests for types of worker; this should no longer be by reference to case law.
  • Keep the distinction between employees and workers but rename workers who are not employees 'dependent contractors'.
  • In relation to 'dependent contractor' status, the requirement that someone perform work 'personally' for an employer should not be relevant.
  • Place more emphasis on control in the definition of dependent contractor status. This should be "not simply in terms of supervision of day-to-day activities".

Terms of employment

  • All employees and dependent contractors should receive a written statement of employment particulars at the outset of their job. This must cover their entitlements, how these are calculated,  and the method of payment.
  • Failure to provide such a written statement should entitle  all employees or dependent contractors to bring a claim for compensation.
  • Workers on zero hours contracts should have a right to request a contract that guarantees their hours after 12 months in the job.

Wages

  • The National Minimum Wage should be increased for hours that are not guaranteed.
  • The government should explore ways in which workers can negotiate for more guaranteed hours.
  • The twelve week reference period for holiday pay should be extended to 52 weeks;  to be fairer for those who have inconsistent work patterns.
  • Workers should have greater flexibility with their annual leave entitlement, including being able to receive 'rolled-up' holiday pay in real time.

Employment rights

  • It should be made easier for gig workers to demonstrate continuous service in respect of employment rights which demand a period of continuous employment before an individual is eligible.
  • Statutory sick pay (SSP) should become an employment right for all workers, and should accrue in the same way as holiday pay.
  • Returning from time off for sickness should be given the same protection as returning from maternity. This is conditional on the individual having engaged in the Fit for Work service.
  • The government should decide whether temporary changes to contracts could be requested by individuals, in particular where they have caring requirements.

Agency workers

  • Agency workers who have worked for the same hirer for 12 months  should have the right to request a direct employment contract with the hirer.
  • 'Swedish derogation' contracts should be banned.

Platform working

  • Companies using technology to commission work should use data so that workers can be given a guide as to their potential earnings. In this way workers can freely choose lower paid jobs knowing what they are likely to earn.
  • Piece-rate legislation should be altered so that workers who are rewarded on output should earn at least 20% more than the National Minimum Wage.

Employee voice

  • There should be a review of information and consultation regulations. These should be extended to include all types of worker and the threshold for implementation reduced from 10% to 2% of the workforce making a request.
  • Companies over a certain size should have to disclose their employment model. This would include information such as their proportion of zero hours contracts.

Tribunals and enforcement

  • Individuals should be able to have their working status determined by an employment tribunal without having to pay any tribunal fees. In addition, the burden of proof should be on the employer, rather than the worker.
  • Where employers have repeatedly ignored law, tribunals should be required to consider imposing "aggravated breach" penalties and cost orders.

Tax and national insurance

  • National insurance contributions for employed and self-employed workers should be moved "closer to parity".
  • An increase in National insurance contributions from the self-employed should be accompanied by an associated improvement in both pension provisions and family-friendly rights for the self-employed.
  • Electronic platforms (e.g. Paypal) should replace cash-in-hand payment for jobs.

Career progression

  • The government should endeavour to work alongside employers who employ a high proportion of gig economy workers to see how they can benefit from the apprenticeship levy.
  • More workers in the gig economy should use 'digital badges' or other forms of accreditation in order to carry verified approval ratings with them if they work for someone else.

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Events from this Firm
1 Sep 2017, Seminar, Amsterdam, Netherlands

The Master students from NSO Eques will visit our office in Amsterdam. NSO Eques is the association for the corporate law students of Radboud University Nijmegen.

1 Sep 2017, Seminar, Amsterdam, Netherlands

The Master students from NSO Eques will visit our office in Amsterdam. NSO Eques is the association for the corporate law students of Radboud University Nijmegen.

7 Sep 2017, Conference, Amsterdam, Netherlands

Dutch Partner Marc Elshof will participate as a lecturer at the “GDPR Masterclass: ready in one day for the new privacy legislation” conference.

 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.