EC consultation on modernising and improving employment relations: BECTU preliminary comments

30 August 2000

1. As a union representing many thousands of freelance workers, especially in the audiovisual sector, we have a particular interest in the section on economically dependent workers.

2. The vast majority of such freelances are individual workers and do not operate as small businesses. A significant number are genuinely self-employed (Schedule D) in terms of Inland Revenue criteria; others are PAYE freelances; yet others can move between Schedule D and PAYE according to the particular grade or occupation they undertake on any particular engagement.

3. We strongly believe that all such freelances - including those who are Schedule D but do not operate as small businesses - deserve the same level of protection as other workers in terms of employment rights, health and safety and other relevant areas. Many Schedule D freelances work in industries - such as film and television -where the labour market is significantly or even overwhelmingly casualised. They have no option but to work on a self-employed basis and should not be penalised for doing so.

4. However, we continue to find, despite the encouraging recent trend towards employment rights for 'workers' rather than just 'employees', that genuinely self-employed individual freelances often find themselves in an inferior or at best ambiguous position in terms of access to employment rights. We believe that workers with self-employed tax status should not be disadvantaged in this way.

5. We hope that these concerns can be raised in the context of the consultation. We believe they are consistent with the Commission's expressed aim, in paragraph 5.1.g, that:

   "the protection given to workers either by legislation or collective agreements should focus more on supporting the long-term development of the worker's career, and less on each particular employment relationship. Changes in the type of work, in the nature of the contract (employee, self-employed) or in the content of the job should affect to the least possible extent the level of protection."

6. We look forward to providing more specific information if required during the further process of the consultation.