Sharing Economy: Conditions of Employment

Department for Business, Energy and Industrial Strategy written question – answered on 9th November 2020.

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Photo of The Bishop of Oxford The Bishop of Oxford Bishop

To ask Her Majesty's Government how many companies have been subject to sanctions or enforcement action for failing to provide workers and contractors in the gig economy with a written statement of their core terms of employment in (1) 2019, and (2) 2020.

Photo of Lord Callanan Lord Callanan Parliamentary Under-Secretary (Department for Business, Energy and Industrial Strategy)

Since 6 April 2020, it is now a statutory right for workers to receive a written statement setting out the main particulars of their employment. The employer must provide the principal statement on the first day of employment and the wider written statement within 2 months of the start of employment and failure of an employer to provide one could risk legal action. If an individual has not been provided a written statement, individuals must first informally raise the issue with their employer. If individuals still do not receive one, they can raise a formal grievance.

Enforcement of this right is carried out in the Employment Tribunal system whereby employees who do not receive a written statement, or who believe it to be inaccurate or incomplete, may refer the matter to an employment tribunal. Tribunals can then clarify what particulars should have been provided to employees. The particulars clarified in this way can be used as evidence in any claim arising from breaches of the employee’s terms and conditions.

The following table shows the number of claims the Employment Tribunals have received in relation to ‘Written Statement of terms and conditions.’ This is not broken down by economic sector nor does it show the outcomes of the claims. Further information on this breakdown can be accessed via the GOV.UK website.

Financial Year

Quarter

Type of Jurisdiction Complaint

Written statement of terms and conditions

2019/20

Q1

352

Q2

327

Q3

295

Q4r

313

2020/21

Q1

203

r = figures have been revised as part of an annual reconciliation exercise

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