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August 23, 2017

Goodwork – The Taylor Review of Modern Working Practice

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 […]
March 1, 2017

What initiatives are available to help first time buyers?

If you are looking to get on the housing ladder but need a bit of a help to get there, there are a variety of financial assistance schemes available. Take a look at some of the most common. The Help to Buy (Scotland) Equity Loan Scheme for new build homes is extremely popular. This can help you move home with just a 5% deposit and an equity stake from the Scottish government of up to 15% from April 2016 and is restricted to a maximum purchase price of £230,000. Speak with your local developer to find out more. If you are planning on saving for your first deposit, the government has also introduced a new Help to Buy ISA which has been available from autumn 2015. For every £200 you deposit into the ISA, the government will top it by £50.  A variety of terms and conditions apply which are […]
February 16, 2017

EMPLOYMENT LAW DROP IN CLINIC

February 6, 2017

The New Simple Procedure

Summary Cause and Small Claims actions have been replaced with the Simple Procedure Rules for claims of up to £5,000 in the Sheriff Courts The Rules came into force on 28th November 2016. The new rules have been introduced to speed up the hearing and resolution of actions for smaller sums of money and to make it easier parties to progress the case themselves. Legal aid for the instruction of solicitors will be available in certain circumstances. These are the main changes: Plain language used in forms and the rules • New claim forms, which can be submitted electronically • A court timetable will be set • An online case management system will enable a party to start actions, submit documents, pay court fees and check the progress of their case online. • If a claim is opposed, a Sheriff can refer parties to alternative dispute resolution, arrange a case management discussion, fix a hearing, […]
January 24, 2017

Preparing Your Home For Selling in 2017

As 2017 dawns, many people are planning to bring their home to market, and commissioning valuations. However, there is a crucial step to consider between appointing a GSPC solicitor to sell your home and welcoming viewers through the door. Making your house look fresh and tidy can be challenging, particularly with children or pets, but it’s essential to maximise your home’s appeal by making it as presentable as possible. Viewers won’t know your property the way you do, so they won’t realise the loft is floored or know about all those plug sockets hidden behind furniture. Walk around every room and make a detailed list of its good points – natural brightness, good storage, easy-to-clean flooring – which you can refer to while showing potential buyers around. To feel homely, your house has to look like people live in it, but equally it must be tidy. If you were looking […]

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 sd@pomphreyslaw.com