Abstract

I argue that the approach suggested by The Taylor Review is flawed due to a conceptual reliance on a fuzzy understanding of control. When control is understood sociologically, it becomes apparent that it is a core feature of all labour relations and thus exists across employment statuses and takes various complex forms. Therefore, focusing labour law upon a fuzzy notion of control, might actually reduce existing levels of protection by causing the reclassification of workers who labour under subtle, insidious and intangible forms of control. Labour laws exist to recognise the vulnerable position of employees due to their livelihood being dependent on the person hiring them. This dependency exists regardless of the form control which an employer operates. Therefore, I argue that returning the law’s focus to dependency offers a sounder basis for determining employment classification and labour rights.

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