Source · Select Committees · Women and Equalities Committee
Recommendation 28
28
Rejected
CIISA is not a panacea for all of the problems of discrimination, harassment and abuse...
Conclusion
CIISA is not a panacea for all of the problems of discrimination, harassment and abuse in the industry. It is not a statutory body. Reforms to the Equality Act 2010 remain essential in order for freelance workers to be adequately protected from discrimination. Ultimately, CIISA’s effectiveness will be judged on whether it can move the instincts of organisations from putting the interests of a potentially lucrative but abusive person they view as an asset ahead of the needs of their victims. We hope CIISA will be a success. Time will tell whether the powers available to it are sufficient to drive that change. (Conclusion, Paragraph 125)
Government Response Summary
The government recognises freelancers but states there are no plans to change or extend the Equality Act 2010 for them at present, explaining that many freelancers are already covered. It is, however, looking into extending the time limit for bringing 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.