The seminal treatment of these and related concerns is M Freedland and N Kountouris, The Legal Construction of Personal Work Relations (2012).
See Note 16, above.
See Note 19, above.
National Minimum Wage Act 1998, Section 54. See also Employment Rights Act 1996, Section 230.
Zero Hours Contract Bill 2014, cl 11.
As in Carmichael v National Power plc [1999] ICR 1226. Mutual obligations is sometimes referred to as the ‘work/wage bargain’ – Stringfellow Restaurants Ltd v Quashie [2013] IRLR 99, CA, at para 33.
Carmichael v National Power plc, ibid.
On which see Zero Hours Contract Bill 2014.
For these purposes an employee was defined in accordance with the ‘Ensuring universality’ section.
See BIS and Home Office, Tackling Exploitation in the Labour Market – Government Response (2016), para 8; now Immigration Bill 2016.
Ibid., para 6.
Ibid., para 16. See now Immigration Bill 2016, cl 11.
Save for Part II, dealing with commercial workplaces.
It is for consideration whether the Labour Inspectorate would be additional to the inspectorate which enforces health and safety standards (the HSE), or whether the former would absorb the latter.
The current requirements for an audit are restricted to where a tribunal finds a breach of equal pay law – an intervention which is too late or which never applies: see the Equal Pay (Equal Pay Audits) Regulations 2014, SI 2014 No 2559.
HMRC identified no less than 58,000 workers as being owed arrears of National Minimum Wage in 2015–2016, up from 26,000 in 2014–2015: National Audit Office, PR 31/16 , 11 May 2016.
Currently, the subject of consultation, following the Small Business, Employment and Enterprise Act 2015, Section 147.
The latter nominated by the TUC, as was originally the case in relation to employment tribunals.
Removing the restrictions on the value of contractual claims which tribunals can hear, currently in the Extension of Jurisdiction Order 1994, and also removing the limit on the period of recovery of underpaid wages under Employment Rights Act 1996, Section 23 – note the current 2-year limit in Section 23(4A), introduced in 2014, after no consultation with unions or organisations representing workers, to protect businesses against holiday pay claims but applying to all wages claims.
Thus, reversing the effect of Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58; [2012] 2 AC 22.
Save where the breach caused the making of a profit by the employee in which case the cap would be the amount of profit.
See Department for Business Innovation and Skills, Payment of Tribunal Awards: 2013 Study (IFF Research, 2013).
Introduced by Small Business, Enterprise and Employment Act 2015, Section 150.