The Employment Rights Bill will still leave a “two-tier workforce”

Despite Labour’s Employment Rights Bill, the lack of a single status of ‘worker’ means access to statutory employment rights will remain limited for too many working people.

A new Workplace Report legal feature looks at the continuing problem of defining employment status. It considers why the lack of a single worker status remains a priority for trade unions.

Workers and their representatives will of course welcome the expansion of employment rights that is due to begin when the Employment Rights Bill receives Royal Assent. But a serious omission from the Employment Rights Bill is the creation of a single status of worker. Accessing statutory employment rights depends on the individual establishing that they have the necessary employment status.

This two-tiered system gives an “employee” access to all statutory employment rights including unfair dismissal and redundancy. However, a “worker” has more limited rights, which include the National Minimum Wage and working time rights such as holiday pay and rest breaks.

Matthew Holder, Editor of Workplace Report, said:

The various definitions of ‘employee’ and ‘worker’ are complicated. I’m pleased our feature sets out the legal basis for these differences and some of the history of how courts and tribunals have attempted to interpret these rules. All vital information for reps.

Though the Bill is a missed opportunity, particularly in the context of increasing casualisation, to simplify and broaden access to its new rights, Labour has indicated that it has not abandoned its commitment to a single worker status. Let’s see how this develops and note the opportunity reps and union leaders now have to remind government of its original intention, that “all workers, regardless of sector, wage, or contract type, will be afforded the same basic rights and protections.

Featured image via The Canary