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16 May 2014 / Charles Pigott
Issue: 7606 / Categories: Features , Employment
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Hole in the floor

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Should all workers be extended the same floor of rights, asks Charles Pigott

Recent cases have shown that despite the steady growth in workers’ rights some significant gaps in protection remain.

These developments add force to calls for a coherent floor of rights for all individuals engaged in the labour market who are not running their own business.

Non-employee workers enjoy a far greater range of employment protection rights than they did 20 years ago. For the most part they have benefited from the significant extension of protection against discrimination and new legislation on working time, the national minimum wage and whistleblowing as well as a number of other measures. However, the increasing fluidity of the labour market continues to throw up examples of employment arrangements which leave the individual involved without any effective rights. Three diverse appeal cases provide recent illustrations of how this can happen.

Who is a worker?

Before moving on to the cases, a quick reminder of the definition of worker. In the key legislation, the basic requirement involves being engaged “under a contract personally to do work” (see

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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