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GOOD WORK – THE TAYLOR REVIEW OF MODERN WORKING PRACTICES
Matthew Taylor, Chief Executive of the Royal Society of Arts, was recently tasked with producing a review on modern working practice. The result is “Goodwork; The Taylor Review of Modern Working Practice”
This independent review considered the implications of new forms of work on workers rights and responsibilities as well as considering employer freedoms and obligations.
When considering the recommendation the report focused on 3 challenges:-
- Tackling exploitation and the potential for exploitation at work;
- Increasing clarity in the law and helping people know and exercise their rights;
- Over the longer term aligning the incentives driving the nature of our labour market with our modern industrial strategy and broader national objectives.
The report is lengthy but anyone with an interest in these matters should take the time to read it. A copy of the full report is available at https://www.gov.uk/government/publications/good-work-the-taylor-review-of-modern-working-practices It makes some interesting points about our current working practices and considers the best and most realistic way for development of good practice based on their already existing “British way” of working.
The report makes several recommendations and sets out 7 principals to address the challenged facing the UK labour market.
Specifically, there were investigations into the clarity of the current employment laws. This included the way in which employment protections are applied and how individuals and employers understand the difference of what can be considered to be an employee, a worker or a self-employed person. The report suggests that the focus should be on clarifying the line between the worker status and the self-employed as this is where there is a greater risk of vulnerability and exploitation.
The review recommends that over the next year the government should:-
- Develop legislation and guidance that adequately sets out the tests that needs to be met to establish employer or dependent contractor status. This should retain the best elements of case law and better reflect the reality of modern day casual work in terms of the control exercised by employers over their staff;
- To reflect the realities of platform work, ensure that in developing legislation legitimate business models that allow maximum flexibility to their dependent contractors are not prevented from operating by updating national minimum wage legislation;
- The government should provide maximum clarity on status and rights for all individuals by extending the right to written particulars to all employment and developing an online tool providing a clear steer on what rights an individual has.
The review also raises other interesting points from an HR perspective. These include:-
- National minimum wage rates being increased for non-guaranteed hours of work formed under a contract;
- Individuals having an option for holiday pay to be paid in a rolled up basis;
- Individuals having the right to return to work after long terms sickness absence
- Statutory sick pay to be paid to all workers but accruing based on the length of service;
- A written statement of particulars or contract to be provided to all workers/employees on day one of their employment.
The review certainly raises many questions which at this time remain unanswered but should the government act on the recommendation it would certainly lead to a much fairer work place for all.
Should you require any employment law or HR advice contact our Sarah Lynch at firstname.lastname@example.org