New ways to work: technology in the workplace

Audrey Williams examines the changes in the working environment as a result of new technology are leading us to question the legal framework and employment law protection.

30 May 2018

Publication

This article was first published by CareMarkets (May 2018, Volume 26, Issue 2) who have agreed to Simmons & Simmons making it available on elexica.

Modern working practices allow individuals to operate more independently than traditional employer/employee: connecting and receiving instructions via technology, working for a portfolio of organisations and being retained for project work.

In the health sector, flexible resource (an early adopter through the bank system for nurses) or self-employed consultants are not unusual. These modern working practices have led the government to commission a review by Matthew Taylor last year and have now issued four consultations responding to his recommendations for change.

Claims for recognition, to give a voice to workers, consultants and self-employed staff, have begun: the Independent Workers' Union has just appealed against the refusal to give them recognition at Deliveroo. And if this seems far removed from the health sector, closer to home, the same union has been seeking recognition on behalf of blood couriers who had previously been treated as self-employed by The Doctors Laboratory.

One suggestion from government is that employee fora, such as works councils, should include worker representation.

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