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Taylor review – key recommendations
In October 2016, the government commissioned a report by Mathew Taylor (Chief Executive of the Royal Society of Arts) into how employment practices may need to be revised as a consequence of developments in the labour market and modern business models. The Taylor Review report has now been published and its recommendations include wide-ranging changes to employment law and practices. Some of the key elements are summarised below.
- There should be a clearer outline of the tests for employment status.
- The category of ‘worker’ that is neither self-employed nor an employee but does benefit from some employment rights, should be renamed as a ‘dependent contractor’.
- The test for a ‘dependent contractor’ should focus on the degree of control being exercised rather than the requirement to perform work personally.
- The Written Statement of Particulars that must currently be provided to all employees within the first two months of employment should be extended to ‘dependent contractors’ and should be provided at the start date.
- Independent contractors should have the right to receive rolled-up holiday pay.
- The reference period for calculating statutory holiday pay should be increased from 12 to 52 weeks.
- Consideration should be given to a higher national minimum wage rate for hours of work not guaranteed under a contract.
- A right should be introduced for those who have worked under a zero-hours contract for 12 months, to request a contract that provides for guaranteed hours reflecting the hours actually worked.
- Statutory sick pay should be made into an entitlement for all workers from day one regardless of their level of income.
- A right should be created to return to the same or similar job after a period of long-term sickness.
- The period that breaks continuity of employment after the end of an engagement followed by reengagement should be extended from 1 week to 1 month.
- The process to enforce unpaid employment tribunal awards should be made easier and there should be a naming and shaming scheme for employers who do not pay within a reasonable period.
- National Insurance contributions for employees and the self-employed should be moved closer to parity.
The Government does not have the benefit of a majority in the House of Commons so it may struggle to secure any changes should it agree with the recommendations in the first place. Furthermore, any proposed new legislation will be subject to a consultation process so there is likely to be a significant delay before we see any changes to the law. We will keep you updated with any developments.
Flexible working arrangements, such as hybrid work, flexitime, and compressed hours, have become increasingly desirable for employees looking to balance work and their personal lives. As of April 6th, 2024, UK employment law has undergone significant updates to empower employees with greater flexibility and control over their work lives.
Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).
If you're an employee bringing a claim against your employer in an employment tribunal, you may be wondering who you should call as witnesses. Here are some things to consider when making your decision:
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.
In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.
Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.
In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination. This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.
The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.