The High Court ruled that the government failed to grant ‘gig economy’ workers rights under Health and Safety legislation. In a case brought by the Independent Workers’ Union of Great Britain, the court made clear that the UK Government had ‘failed properly to implement’ European health and safety rules in UK law, meaning ‘workers’ were left unprotected.
Gig Economy
The term ‘gig economy’ refers to a system whereby people who work for a company are mostly self-employed, or on zero hours contracts, rather than regular employees on permanent contracts. This includes “workers” – those who are registered as self-employed but provide a service as part of someone else’s businesses, such as Uber drivers. ‘workers’ are usually someone who works casually or under a short-term arrangement.
An “employee” is someone who works under a contract of employment, where there is a degree of attachment and some certainty and regularity (See the Employment Rights Act 1996 for full definition).
“Gig-work” incorporates income earning activities outside of traditional, long-term employer-employee relationships. Instead of regular wages, workers receive money for the “gigs” they serve to complete. Most common examples are self employed contractors working as Uber drivers
The judgment means that the government must now take steps to ensure these workers are protected and have the same health and safety rights as employees. This included not only the provision of appropriate PPE, but also the right to stop work where there was “serious and imminent” risk. It is estimated that there are about 4.7million such workers, involved in delivery of food, courier services etc. As they have the potential to come into contact with people, it was essential that they are/be protected. Employers should now be mindful and include such workers in any health and safety consultations, decisions and incorporate them in any health and safety documentation, policies and procedures.
(Source; Incorporated Society of Musicians and source 2)
