Ian Smith investigates a gap in protection for workers in the ‘gig economy’
- The worker definition and the relevance of mutuality of obligations.
- Compensation for indirect discrimination is compatible with Convention rights.
- Disability likely to last 12 months or recur—a question of timing.
Unusually, the major item of news this last month has been a relatively quick legislative reaction to a serious criticism of the existing law in a decision of the High Court. This was the successful challenge in Independent Workers Union of Great Britain v Secretary of State for Work and Pensions [2021] IRLR 102 to the restriction of the protection of the Employment Rights Act 1996, s 44 (health and safety detriment) to ‘employees’; the point behind the challenge was that in the ‘gig economy’ there was a gap in protection for those who are workers but not employees, especially in relation to the COVID pandemic. It was held that this restriction was contrary to the backing of health and safety directives. The government
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