Regulatory Challenges of Unfair Dismissal for Gig Economy Workers in the UK

2019 ◽  
Author(s):  
Maria Julia Simoes Reis
2020 ◽  
Vol 34 (1) ◽  
pp. 170-195 ◽  
Author(s):  
Tito Boeri ◽  
Giulia Giupponi ◽  
Alan B. Krueger ◽  
Stephen Machin

The nature of self-employment is changing in most OECD countries. Solo self-employment is increasing relative to self-employment with dependent employees, often being associated with the development of gig economy work and alternative work arrangements. We still know little about this changing composition of jobs. Drawing on ad-hoc surveys run in the UK, US, and Italy, we document that solo self-employment is substantively different from self-employment with employees, being an intermediate status between employment and unemployment, and for some, becoming a new frontier of underemployment. Its spread originates a strong demand for social insurance which rarely meets an adequate supply given the informational asymmetries of these jobs. Enforcing minimum wage legislation on these jobs and reconsidering the preferential tax treatment offered to self-employment could discourage abuse of these positions to hide de facto dependent employment jobs. Improved measures of labor slack should be developed to acknowledge that, over and above unemployment, some of the solo self-employment and alternative work arrangements present in today’s labor market are placing downward pressure on wages.


2020 ◽  
pp. 615-679
Author(s):  
David Cabrelli

This chapter begins with a contextual and historical introduction to unfair dismissal law, which seeks to regulate arrangements pursued by employers that result in the dismissal of their employees. It covers the efficiency of unfair dismissal laws; the structure, nature, content, and shape of unfair dismissal laws; and the rationale for the introduction of the unfair dismissal laws in the UK. It then examines the statutory unfair dismissal regime contained in Part X of the Employment Rights Act 1996, and the meaning of the ‘substantive fairness’ of the dismissal. In the final section, the chapter considers the response of the courts and tribunals to the provisions on substantive fairness of dismissals.


2018 ◽  
Vol 33 (4) ◽  
pp. 709-718 ◽  
Author(s):  
Jessica Simpson ◽  
Sarah Smith

Sex work remains a contentious area of debate. Whether or not sex work is considered to be a form of labour is in itself contested. As discussion is often about rather than with sex workers, this article brings Sarah’s experiences of being both a student and a sex worker, in two different areas of the UK, to centre stage. This candid account highlights the precarious and competitive nature of being self-employed within the current neoliberal climate, as well as the similarities sex work shares with other ‘mainstream’ forms of labour particularly within the ‘gig economy’. Existing research has focused on how/why students enter the sex industry leaving a gap in the literature regarding what happens after university in this context. It appears from Sarah’s account that leaving sex work behind may not be as straightforward as she had originally anticipated, for reasons other than just making money.


Author(s):  
Andrew Henley

Abstract The UK has experienced very significant growth in self-employment since the financial crisis. The self-employed are at higher risk of income volatility while facing lower levels of social insurance. Individual transitions into self-employment may be driven by a range of factors, both ‘pull’ and ‘push’. This paper proposes a re-evaluation of the evidence on whether private sector business organizations stimulate entrepreneurial transmission amongst their employees. In the UK context rising self-employment may reflect the consequences of flexibilization and falling job quality, rather than outright job loss. Previous research has focused mainly on the subjective notion of job satisfaction to identify the level of attachment the future self-employed have to their current employer. Quantitative analysis is undertaken using large scale British longitudinal survey data. The paper extends this work to show that organizational (dis)attachment is evidenced in a range of extrinsic indicators of job quality, providing explanatory information beyond intrinsic job satisfaction. Specifically, the paper shows that the impact of training on self-employment entry depends asymmetrically on the source of that training. Finally, the paper argues that reduced attachment provides an alternative explanation for any ‘entrepreneurial transmission’ effect, through which employees, particularly those in smaller organizations, are more likely to enter self-employment. However, anticipated improvement in the experience of work from choosing self-employment is seen to be somewhat illusory, speaking to growing concerns about the impact of the growth of the gig economy.


2009 ◽  
Vol 2 (2) ◽  
Author(s):  
Michel Prada

A number of reports have established a diagnosis of the financial crisis. The first was produced by the Financial Stability Forum, in April 2008 and was the basis for the preparation of the first G 20 meetings in 2008. The International Monetary Fund (IMF) and the G 30 produced updated analysis in 2008 and 2009. More recently, the Larosière Group, although mainly focused on E.U. issues, also addressed global concerns , as well as the Adair Turner report which presented the new regulatory strategy of the UK Financial Services Authority (FSA). The main features of this unprecedented financial crisis are linked to immense and growing global imbalances between the Asian and US economies which provided the world with abundant liquidity, low interest rates together with low inflation (due to low wages in emerging countries) and a geographic mismatch between savings and investment needs and opportunities.


2020 ◽  
pp. 103-142
Author(s):  
David Cabrelli

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.


Author(s):  
David Cabrelli

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Tom Montgomery ◽  
Simone Baglioni

PurposeThis article seeks to answer the question: how should we conceptualise the “gig economy”? In doing so the authors shall explore if gig economy work should be understood as a novel concept that stands alone, a concept that is a subtype, or whether it may in fact be conceptually redundant.Design/methodology/approachThe authors conduct a thematic analysis of interview data drawn from 27 interviews with policymakers, trade union officials, key figures within labour organisations and gig economy workers.FindingsThe authors reveal how, from the perspective of key stakeholders, the concept of the gig economy exhibits a lack of “differentiation” from the long-established concept of precarious work of which it is best understood as a subtype.Research limitations/implicationsThe empirical findings from the authors’ study should be regarded as limited in terms of being situated in the specific employment context of the UK. Nevertheless, the implications of the study have a broader reach. The authors seek to provoke debate and discussion among scholars across disciplines and contexts working in the areas of precarious work and the gig economy. The authors’ analysis will be of interest to scholars who are concerned with how they conceptualise “new” forms of work.Originality/valueThe analysis offers a novel intervention by revealing how key stakeholders perceive the gig economy through a prism of continuity rather than change and connect it with broader processes of precarity.


Author(s):  
Silvio Goglio ◽  
Panu Kalmi

The national cases of co-operative banking will be considered by pattern: credit unions (as in the UK and the US), decentralized networks (as in Germany, Italy, and Austria), and centralized networks (as in France, the Netherlands, and Finland). The analysis will consider the historical evolution that has characterized the different patterns with regard to national peculiarities (social and economic). We also discuss performance measurement in financial co-operatives and how the recent economic and financial crises have impacted their success vis-à-vis shareholder banks. We also consider corporate governance and regulatory challenges facing financial co-operatives. The present process of hybridization in the sector will also be taken into consideration as well as relaunched co-operatives in the twenty-first century.


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