The Taylor Review: Understanding the Gig Economy, Dependency and the Complexities of Control

One of the headline suggestions of The Taylor Review was the need for a new approach to determining employment classification. The authors of the review (2017: 33) point out that, at present, there exists minimal legislation relating to employment classification and, as a consequence, the courts have developed a number of tests over the years to aid their interpretation of the law. These tests include whether an individual is required to do the work themselves, the degree of control exercised by an employer, whether there exists a mutuality of obligation, and whether an individual is carrying out a business undertaking. However, the relevance of and weight placed on each of the above factors varies depending on the particular circumstances under consideration. The Taylor Review argues that this situation leaves workers and employers lacking clarity as to what the correct classification is. This can lead to increased exploitation, since it is difficult for workers to determine their rights and, thus, employers can ‘game the system and take advantage of working people’ (The Taylor Review, 2017: 33). The Taylor Review, therefore, suggests a new approach, with the aim of making employment status less ambiguous and easier for individuals to determine without reliance on the courts. A cornerstone of this approach is the placing of greater emphasis on ‘control’ for determining employment classifications. In the commentary which follows, I argue that the approach suggested by The Taylor Review is flawed due to a conceptual reliance on a fuzzy understanding of control.