Yesterday the Government launched a consultation titled “Make Work Pay: employment status reform and protections for the self-employed”. The consultation is not consulting on whether to abolish worker status but is seeking feedback on the following proposals;
- Personal service test of employee status – it is proposed to add “significant direction or control” to the worker test as an alternative to personal service, so that a valid right of substitution carries less weight in assessing worker status.
- Introducing a presumption of worker status in employment tribunal claims for worker rights it would be for the employer/engager to have to prove that the individual is not a worker, rather than as currently it is the individual who must prove they are a worker.
- A right for the self-employed to a written statement setting out their terms.
There are various other more niche proposals around blacklisting and health and safety disclosures by those who are self-employed.
The full consultation details can be found here. It is due to close in January 2027.
The changes being brought in following the Employment Rights Act 2025 remain fluid and the employment law realm will continue to be in a state of flux for some time to come!
If you have any queries relating to this consultation or in relation to the Employment Rights Act please do contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and will be more than happy to help.