Posted in Business, Industry news,
Last week’s ‘Year Ahead in Politics’ panel, hosted by our sister company Hanson Search, highlighted a growing disconnect between employment policy and how people actually choose to work. One of the most relevant contributions came from Jim Bligh, Corporate Affairs Director at the British Retail Consortium, who described the Employment Rights Act as the ‘most significant reform of employment law in a generation’ - but also one that raises serious questions around flexibility, growth and the future of independent work.
The Act introduces wide‑ranging reforms, many of which will be phased in through secondary legislation and consultation. These include new protections around guaranteed hours, tighter controls on insecure working arrangements, changes to unfair dismissal rights and expanded family and sick‑pay entitlements. Politically, the intent is crystal clear: improve job security and raise standards at work. However, as discussed on the panel, intent and outcome may not fully align.
Jim Bligh was clear that - from a business perspective, at least - the greatest concern is not just cost but flexibility. Many sectors - retail, hospitality, logistics, manufacturing and so on - rely on seasonal and fluctuating demand. Guaranteed hours and tighter rules around shift patterns risk limiting employers’ ability to respond to that reality. Just as importantly, they may also restrict opportunities for individuals who value variable hours and autonomy.
There is also a wider concern that parts of the legislation appear to be shaped by assumptions about work that no longer hold true. The labour market has changed fundamentally over the past decade. Many people no longer want a single, linear career with one employer. Instead, they actively choose portfolio careers, combining multiple clients, projects or even parallel professions. Flexibility is not a symptom of insecurity for these workers - it is precisely the reason they work this way.
In theory, stronger employment protections could drive some organisations to engage more independent workers, particularly where traditional employment becomes more complex or costly. Freelancers and independent consultants offer flexibility, specialist expertise and scalability without long‑term headcount commitments.
However, this is where the picture becomes more complicated. The Employment Rights Act sits alongside existing frameworks such as IR35, which already create uncertainty around employment status. While the Act itself does not directly change the definition of self‑employment, its emphasis on security and guaranteed hours risks blurring boundaries still further. Faced with ambiguity, some businesses may become more cautious rather than more open to flexible engagement models.
There is also the risk that policy aimed at tackling exploitation in parts of the gig economy inadvertently sweeps up genuinely independent professionals. Without clearer distinctions between dependent workers and truly self‑employed individuals, legislation can have a chilling effect - discouraging organisations from engaging independent talent and limiting choice for workers who actively want flexibility.
Another recurring theme on the day was that government still struggles to recognise pure choice as a legitimate driver of flexible work. Many independent professionals are not working this way because they lack alternatives. They proactively choose autonomy over how they work, what they charge, when they deliver and who they work with. For many, this enables family commitments, caring responsibilities, creative pursuits or second careers to co-exist alongside professional work like never before.
Policy that treats flexibility primarily as a problem to be solved risks significantly undermining this growing part of the workforce. It also risks weakening the UK’s broader talent ecosystem at a time when adaptability, specialist skills and innovation are critical to growth.
The Employment Rights Act is a significant and well‑intentioned piece of legislation. It rightly seeks to improve protections for vulnerable workers. But as it moves into its implementation phase, there is a real opportunity - and responsibility - to ensure it reflects the practical realities of modern working life.
Recognising the difference between insecurity and independence will be critical. If future consultations engage properly with businesses and independent workers, the Act could coexist with a flexible, dynamic labour market. If not, there is a risk it constrains both organisations and individuals - and misses the chance to support a workforce that has deliberately chosen flexibility as a positive and productive way to work.
The Work Crowd is a global network and talent platform connecting organisations with senior independent experts across communications, public affairs, corporate affairs, policy, sustainability and leadership advisory.
Founded to support the growing independent workforce, The Work Crowd enables businesses, institutions and membership bodies to access proven expertise on a flexible, on‑demand basis - without the overhead of permanent hires.
The Work Crowd was co‑founded by Madeleine Weightman, also Chair of the PRCA Independent Consultants Group, and a highly-active advocate for portfolio careers and independent professionals.