Member

318: After Clause 150, insert the following new Clause— “Rights of dependent contractorsAfter section 230 of the Employment Rights Act 1996 (Employees, workers etc), insert—“230A Rights of dependent contractors(1) A dependent contractor is an individual who—(a) is engaged to perform work or services personally for an employer or contractor of services;(b) primarily or substantially relies on a single employer or contractor of services for their income;(c) is not classified as an employee under a contract of employment, nor as an independent contractor operating a fully autonomous business;(d) is subject to a degree of control by the employer or contractor of services regarding the manner, timing, or conditions under which the work is performed.(2) A dependent contractor, as defined in subsection (1), must be entitled to the following rights statutorily accorded to employees— (a) payment at or above the National Minimum Wage for all tasks performed;(b) paid annual leave and shall be subject to the record-keeping duties as outlined for employees in this Act;(c) statutory sick pay;(d) family leave entitlements including parental leave, and bereavement leave;(e) protection from unlawful deductions from pay and protection against discrimination under applicable equality legislation;(f) the right to request fixed hours after a qualifying period of continuous service with the same employer or contractor of services;(g) the right to and on terms to be defined in regulations, mirroring the rights afforded to zero-hour workers and those on similar contracts.(3) Dependent contractors, as defined in subsection (1), are not entitled to—(a) statutory redundancy pay;(b) minimum notice periods for termination unless otherwise specified in their contract.(4) The Secretary of State may by regulations make further provision in respect of the rights and obligations of dependent contractors, including defining qualifying periods for certain rights.””Member's explanatory statement This amendment aims to define dependent contractor status by reference to existing employee rights particularly those related to flexible working arrangements and family leave.