Cautious Katz: Push for dedicated Freelancer Commissioner still in limbo following debate
Parliament debates Freelancer Commissioner role to boost the UK’s growing freelance economy. Who’s pushing and who’s holding back, and why?
Parliament recently discussed support for the nation’s self-employed and freelance workers. This happened during debates on the Employment Rights Bill. A key point was the idea of a dedicated Freelancer Commissioner. This role would offer much-needed representation and help with the unique challenges freelancers face.
Freelancer: definition pending…
The debate on the Employment Rights Bill highlighted how much freelancers, especially in creative fields, help the UK economy. It was noted that “the UK’s freelance workforce is a powerful engine of our economy and culture.” Their numbers are growing fast.
Concerns were raised about a “long-standing gap in protection for freelance workers.” I was noted that there’s no clear legal definition for freelancers.
This causes confusion and means freelancers often miss out on standard employment rights or they get forced into PAYE roles (i.e. contractor blanket bans or umbrella worker) when they want to preserve their autonomy as self-employed and working with multiple clients.
Many peers strongly supported setting up an Office of the Freelance Commissioner, led by an independent person.
This commissioner would speak up for freelancers across government. They would close representation gaps and ensure freelancers’ needs are part of new policies.
As supporters said, a “dedicated commissioner would help to ensure that upcoming employment reforms are fit not only for more traditional forms of employment but for the self-employed and freelance workforce, who are critical to our economy.”
Who’s pushing and who’s hesitating?
Based on their comments, several politicians seemed keen to create a Freelancer Commissioner:
- The Earl of Clancarty (Nicholas Trench): He first proposed the amendment and pointed out that it has been two years since the House of Lords last debated the appointment of a freelance commissioner.
“The arguments put forward then still hold, and, indeed, feel even more relevant today,” he said.
“The one major difference between then and now is that only a single reference was made to the concerns of AI and copyright [two years ago], such has been the rapidity with which the threat to copyright held by the self-employed has come upon us.”
He stressed that arguments for the commissioner are “ever more critical,” especially regarding freelancers’ income, wages, and late payments. He said he wasn’t “proselytising for the self-employed but asking the government to consider the reality of the existence of this workforce.”
- Lord Clement-Jones: He noted that while the Bill updates employment law, it risks “leaving a significant segment of our workforce behind.”
The common theme is that the Bill take steps to modernise employment law but risks leaving a significant segment of our workforce behind. As we have heard from both out initial speakers, the UK’s freelance workforce is a powerful engine of our economy and culture, particularly in the creative industries. As both illustrated, the number of self- employed is not only rising rapidly, reaching 1 million now in the creative industries; but the actual proportion of those engaged in the creative industries, representing 32% of jobs within the creative sector, is an extraordinary figure.
Despite their immense contribution, however, freelancers currently lack a single clear voice representing their interests to government. This absence has led to a decline in pay and conditions, with nearly two thirds of freelancers reporting low or unfair pay in their careers, and an overwhelming majority impacted by late payments.
– Lord Clement-Jones
He pushed for a clear freelancer definition, a commissioner, and a legal duty for the government to consider freelancers. He called these “interconnected and essential.”
- Viscount Colville of Culross: As a freelance TV producer, he strongly backed amendments for a commissioner. He highlighted the need for clear employment status and protection from exploitation. In the debate, he was however, not able to fully express his points: “My Lords, I apologise for being unable to here at the beginning of this debate despite having added my name to Amendment 287. I was stuck on the motorway for the last three hours. I absolutely support the amendment; it is an incredibly good measure. I hope that the Minister will listen kindly to my noble friend’s amendment and speech.”
- Baroness Caine of Kentish Town (Lab): She stated, “My Lords, I support Amendment 287… which provides an opportunity to address a long-standing gap in protection for freelance workers.”
- Baroness Natalie Bennett of Manor Castle: She supported collective bargaining to empower creative workers, especially freelancers. She called it a “positive step.”
- Lord Andrew Sharpe of Epsom: He believed, “If we want to develop a proper entrepreneurial spirit and environment in this country, we should do much more to value and look after those who create their own jobs.”
However, the government’s view, given by Lord Mike Katz, seemed to hold back from fully committing to the Freelancer Commissioner.
Lord Katz didn’t directly back the commissioner role or department. Instead, Lord Katz “assured life peers… that the government has ‘committed to additional measures to strengthen protections for the self-employed.'” He also spoke of an “upcoming consultation on ‘potential measures to go further.'”
This suggests the Labour government prefers broader, general measures over a specific commissioner now. Other measures mentioned included “the right to a written contract, an extension of health and safety and blacklisting protections.”
Government’s reservations on Freelancer Commissioner
The government’s main reasons for not immediately creating this role seem to be a preference for a wider approach to employment rights and a desire for more consultation.
Lord Katz’s comments suggest the government thinks existing or planned measures, plus future consultations, could solve issues without a new, dedicated commissioner.
This could be seen as a careful approach. Perhaps the government are worried about setting up new public bodies or the extra paperwork. They might also want to fit freelance support into wider employment policies, rather than creating a separate one. The government might also want to avoid a fixed solution before fully understanding all the effects and other options through consultation.
Are freelancers closer to a bigger say?
While Parliament clearly supports a Freelancer Commissioner, the Labour government currently prefers to slowly improve freelance protections. The debate showed a growing awareness of the freelance economy’s importance and the urgent need to address their vulnerabilities. But it seems little has changed yet.
The call for a Freelancer Commissioner, backed by different parties, points to a possible future direction for UK employment policy. However, the government is currently leaning towards wider consultations.
How the Employment Rights Bill discussions proceed could be key to freelancers’ future importance in the UK. If left unaddressed, this could limit individual earning power and economic growth, especially given inflation and global trade and geopolitical uncertainties.
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