Source · Select Committees · Women and Equalities Committee
Recommendation 11
11
Rejected
Extend Equality Act protections to all freelancers and lengthen discrimination claim limitation periods.
Recommendation
The Government should bring forward legislative proposals to extend the protections relating to discrimination and harassment in the Equality Act 2010 to include all freelancers. Limitation periods for Equality Act-based discrimination and sexual harassment claims should be extended to six months. In the meantime, the Government should set out clearly—in its response to this report—which freelance workers are currently entitled to protections under the Equality Act and which are excluded from that protection. (Recommendation, Paragraph 62) Sexual harassment and abuse
Government Response Summary
The government rejects the recommendation to extend Equality Act protections to all freelancers, stating there are no current plans to change or extend the Act in this area. It clarifies which freelancers are currently covered and acknowledges it is 'looking closely' at extending the limitation period for claims.
Government Response
Rejected
HM Government
Rejected
The Government recognises the essential contribution freelancers make to the creative industries, including music. Everyone, including freelance workers, should be able to work without fear of harassment, discrimination or violence. The Equality Act protects those in employment, including some people who describe themselves as freelancers, from unlawful conduct such as discrimination, harassment and victimisation. The Act’s definition of employment is broad, and includes a variety of working arrangements, employees, zero-hours contract workers, workers who are required to perform work or services personally (sometimes known as limb (b) workers) and some self-employed people (where they are required to perform the work personally). The Equality Act will therefore cover subcontractors and agency workers, unless they are genuinely self-employed. Whether a person describing themselves as self-employed or freelance is protected under the Equality Act 2010 will depend on their specific circumstances, for example the degree of control over how they carry out their work. A self-employed individual may be covered by the Act if they carry out personal service – i.e. typically, where they are not permitted to subcontract any part of the work or use others to do it or otherwise where the degree of control over how they carry out their work is significantly limited. This would be for an employment tribunal to determine. There are no plans to change or extend the Act in this area at present. The Government continues to look closely at extending the time limit for bringing Equality Act-based claims to an employment tribunal from three to six months and will take account of the Committee’s report as we do so.