Sonia mckay
Professor of European Socio-Legal Studies at London Metropolitan University
07 June 2017 Sonia McKay, Professor of European Socio-Legal Studies at the Working Lives Research Institute, London Metropolitan University Universality of rights ought to be a fundamental principle in law so as to protect all workers, no matter what type of contract they have. Employers should not be able to avoid their obligations under employment law simply by defining some groups of workers in such a way so as to be excluded from employment rights.
07 June 2017
Universality of rights ought to be a fundamental principle in law so as to protect all workers, no matter what type of contract they have. Employers should not be able to avoid their obligations under employment law simply by defining some groups of workers in such a way so as to be excluded from employment rights.
The proportion of workers now defined as ‘self-employed’ has risen. A report by the Office for National Statistics (ONS) shows that the self-employed now number more than 4.6 million (2015) up from 3.8 million (2008), with a worrying growth between the years 2001 and 2015 of 88% among part-time workers. The growth of self-employment has been particularly harmful for young workers who have been forced into jobs in the “gig” economy and classified as ‘self-employed’ because there is no other form of work available. The ONS report notes that such young workers:
‘display a greater degree of dissatisfaction with their part-time status and appear to have come directly from unemployment – possibly indicating a choice made under economic hardship.’
Universality demands that:
While these proposals in and of themselves will not end the inequality between worker and employer, they will provide a more equal playing field and, importantly, will end the growing discrimination which has been the result of employers switching workers on to more precarious forms of work.
Professor of European Socio-Legal Studies at London Metropolitan University