Government moves to crackdown on illegal gig workers

The Home Office has unveiled plans to enforce employment checks on gig workers to crackdown on illegal immigration.

The new measures form part of the government’s Plan for Change, aiming to “level the playing field” for the “honest companies who do the right thing”.

Businesses who fail to carry out employment and right to work checks will be forced to pay fines of up to £60,000 per worker, face business closures, director disqualifications and potential prison sentences of up to five years for those responsible.

These punishments are already in place for the majority of roles, but those on zero-hour contracts or employed in the ‘gig economy’ on self-employed or contractor agreements have been able to avoid repercussions as they are not legally required to check the working status of their flexible workers.

The government hopes that the move will help to reduce the amount of workers acting illegally in industries like food delivery and construction where flexible contracts are common.

Home Secretary Yvette Cooper said: “Under our Plan for Change, we are restoring order to the asylum and immigration system by introducing tougher laws and bolstering enforcement action to tackle illegal working and stopping rogue employers in their tracks.

“Turning a blind eye to illegal working plays into the hands of callous people smugglers trying to sell spaces on flimsy, overcrowded boats with the promise of work and a life in the UK.

“These exploitative practices are often an attempt to undercut competitors who are doing the right thing. But we are clear that the rules need to be respected and enforced.

“These new laws build on significant efforts to stop organised immigration crime and protect the integrity of our borders, including increasing raids and arrests  for illegal working and getting returns of people who have no right to be here to their highest rate in half a decade.”

While companies are not legally obligated to carry out employment checks, many do so voluntarily such as food-delivery giants Deliveroo, JustEat and Uber. According to the Home Office these companies have also “worked closely” with the government to ensure that substitute riders are also checked to be legally allowed to work.

Substitutes are common in the gig economy, allowing account holders to rent their accounts out to other people to complete orders for them. For many gig workers it is currently the responsibility of the account holder to ensure the substitute is legally allowed to work and meets the criteria for the job rather than the companies.

A Deliveroo spokesperson said the company “has led the industry in taking action to secure our platform against illegal working, developing our approach in close collaboration with the Home Office.

“We were the first to roll out direct right to work checks, a registration process, daily identity verification and now additional device checks for riders, including substitutes.

“We take our responsibilities extremely seriously and will continue to strengthen our controls to prevent misuse of our platform. We welcome the Government taking action to ensure all businesses and sectors adopt the same standards.”

Both Uber Eats and JustEat mirrored this sentiment saying they are committed to fighting illegal work and fully support the government’s decision to crackdown on “rogue employers”.