Smartphone compatible? Employment status in the gig economy

KD England and Wales;KDC Scotland

Briggs, Michael Alfred Shaw ; Mair, Jane

University:University of Glasgow

Department:School of Law

关键词: Employment status law, gig economy, uber, autoclenz.;   

Others  :  http://theses.gla.ac.uk/73028/1/2018BriggsLLM%28R%29.pdf

来源: University of Glasgow

【 摘 要 】

This thesis provides a critique of the current tests for employment status contained at s.230 of the Employment Rights Act 1996 and proposes an alternative test. The particular focus of the critique is upon the failure of the current tests to adapt to new working relationships arising in sections of the gig economy. Recent case law in relation to status is considered along with a historical analysis of the development of employment law into a separate sphere of statutory regulation. This thesis argues that the main failings of the status tests arise in consequence of the requirement for workers to establish a contractual nexus. An alternative test is proposed which removes the contractual nexus altogether and creates a single-tier employment status. Consequential amendments to the definition of dismissal at s.95 of the Employment Rights Act 1996 are proposed with the aim of providing all employees with end-of-employment rights.