Last week the Government responded to the Taylor Report into the review of modern work practices with a sizeable report of its own and announced four separate GB consultations.
https://www.gov.uk/government/news/millions-to-benefit-from-enhanced-rights-as-government-responds-to-taylor-review-of-modern-working-practices

Although, strictly speaking, it is not applicable to NI, the work is predicated on a UK-wide industrial strategy and all of the "Good Work" related issues could have equal application to NI. And, of course, Matthew Taylor and his team came to Belfast as part of their research analysis.

Meanwhile, we await the Pimlico Plumbers' appeal next week and the UBER appeal next month and it looks like the superior courts might have something to say about the legal underpinning of the gig economy before the legislators do.

So, what are we likely to see in the coming months and years, given that the Government has effectively embraced the vast majority of the Taylor Report recommendations? And how might these inform debate in Northern Ireland, assuming a Stormont Assembly returns and lasts long enough to enact some employment law changes? We asked Mark McAllister of the Labour Relations Agency to set out key learning points from the Government's response. According to Mark:

There looks to be a combination of consulting over general thoughts, de facto calls for evidence, caveated proposals and a lengthy list of 'agree and accept' responses by Government on nearly all 53 of Taylor's recommendations.

The net result and ten key takeaways from Taylor could be summarised as follows -

1. The development of an on-line tool to help determine legal status of the individual in the workplace - an algorithm that will point towards employee, worker or independent contractor/self-employed

2. A revamp and more codified approach to the legal tests for determining status, especially the notion of the 'dependant contractor'

3. Specific reforms to the areas of continuity of employment (extending the period for breaking it) and extending the referencing period for working time holiday pay calculation to 52 weeks

4. New rights of request (e.g. for agency and zero hours staff) to have guaranteed hours or a direct contract with the employer after a set de facto qualification period

5. A day-one right for 'workers' to receive their statement of written particulars, clearly indicating status, terms and conditions

6. The potential removal of the often controversial 'Swedish Derogation' agency worker contract provision

7. New penalties, along with name and shame, for employers who do not pay tribunal awards

8. Reforming the ICE Regulations to ensure more effective engagement with employee representatives and improved employment relations

9. Extend the remit of the Employment Agency Standards (EAS) Inspectorate

10. Widen the enforcement role of HMRC regarding SSP, NLW and holiday pay for the lowest paid workers

Attention will now focus on the natural spin-offs from the Government response, that is, the four distinct consultations -

• Agency work - this covers in particular the proposal to abolish the Swedish Derogation:
  https://www.gov.uk/government/consultations/agency-workers-recommendations
  The above consultation closes on 9th May
  
  
• Enforcement of employment rights - looking at the problem of unpaid tribunal awards and repeat offenders:
  https://www.gov.uk/government/consultations/enforcement-of-employment-rights-recommendations
  The above consultation closes on 16th May

• Transparency in the labour market - covering the Review's proposals on written statements of terms and conditions, holiday pay, continuity of employment, the right to request flexible working and the Information and Consultation of Employees Regulations:
  https://www.gov.uk/government/consultations/increasing-transparency-in-the-labour-market
  The above consultation closes on 23rd May

• Employment status: this looks at the proposals on the definition of an employee and a worker:
  https://www.gov.uk/government/consultations/employment-status
  The above consultation closes on 1st June

In Northern Ireland we await the potential re-establishment of the Assembly and Executive and, if this happens and continues, questions need to be asked about the potential wholesale read-across of the Government response to Taylor to NI, local industrial strategy, and the potential impact on the devolved approach to employment law.

But we would remind readers to take care - as things stand, most of these developments will not impact directly on NI in the event of legislative reforms being passed in GB (although the HMRC changes tend to be UK-wide) and the Assembly could pass alternative laws. We will keep you informed about any changes and differences through these updates and at the Legal-Island Annual Reviews of Employment Law, which in 2018 will be held at the Titanic Belfast and Crowne Plaza, Shaw's Bridge, Belfast on the 8th and 20th November respectively.