The gig economy is well developed in the UK with an estimated 2.8 million people working within it mainly in London and the surrounding area, which equates to 4.4% of the working population. Individuals work on the basis of each "gig" they undertake with no guarantee of work. The individuals involved are generally aged between 18 and 34 years and are typically perceived as providing courier, taxi and food delivery services, however, this overlooks a number of other sectors within which freelancers frequently work. The rapid growth of the gig economy is seen as bringing workers the flexibility of choosing how and when they work or an exploitive system that denies workers any rights or security, depending on your point of view.
The recent cases involving Uber, Deliveroo and Pimlico Plumbers suggests that the gig workers are rising up and will no longer tolerate working without any rights or protection. The latest group of gig workers who are turning to legal action to have their employment status and rights recognised may come as a surprise, 27 former educators, workshop leaders and lecturers who were recently summarily dismissed from the National Gallery without compensation or any kind of recognition for the long service many of the highly qualified individuals have behind them, have started a crowdfunding campaign to assist with legal fees required for their hearing in the employment tribunal which has been scheduled for eight days. Some of the highly qualified group have worked at the National Gallery for over 40 years.
At present, the status of the gig workers is a rather grey area and the Scottish MP, Chris Stephens, has introduced a Private Members' Bill – Workers (Definition and Rights) Bill which is scheduled to pass the second stage in the Parliament procedure October 2018. The vast majority of Private Members' Bills need government backing in order to become law but nevertheless, the point is made that there are a number of individuals who are working with little or no rights or protection. The Independent Workers Union of Great Britain (IWGB) is a completely independent organisation which fights for the rights of some of the most vulnerable and voiceless workers in the UK. IWGB was founded by former members of the big Trade Unions who became disillusioned with internal politics and now lobbies and campaigns for the Cinderella sectors that seem to have little or no support. It is anticipated that the IWGB will lend its support to the gig workers cause.
There can be little doubt that the gig economy has benefited businesses in that they have been able to keep costs lower by only paying workers when there is a demand for their labour and not having to pay out for sick leave or holidays. However, businesses would be wise to recognise that change is on the horizon. The government has promised to review and improve the conditions that some workers experience. What form the changes will take and the timescales involved are not clear at the moment which allows businesses to take action now to undertake their own reviews and clarify the status of their workers and establish such things as whether the business obliges their workers to accept work when it is offered and sanctions those who refuse jobs. It is always preferable to be ahead of any changes to minimise any potential criticism. The lawyers at Giambrone can provide advice on how to shape up your workforce and avoid any adverse consequences to being perceived as exploitive.
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