Platform or gig workers are often overlooked when it comes safety and employment protection.
The Employment Rights Bill, which will be introduced in the near future, will clamp down on “exploitative”, zero-hours contracts. However, Labour’s promise of simplifying and streamlining worker status, is not included in the proposed legislation.
In its most recent report, Building a better future for gig workers in the gig economy the Institution of Occupational Safety and Health revealed the wide range of concerns gig workers have about their rights and their protections. This is especially true as platform owners like Uber and Deliveroo continue to use artificial intelligence as a tool to improve efficiency.
IOSH surveyed 1,000 gig workers. 58% of them said that working for an online platform led to an unpredictable income. 63% also said it affected their ability to go on holiday. Nearly two-thirds of gig workers said they worked unpredictable hours and 55% were concerned about stress, burnout, injury or illness.
Designing work
At a roundtable discussion this week, Dr Aaron Cheng of the LSE’s Information Systems and Innovation department said that protecting these workers is “not only a regulatory question but a design problem”.
His research revealed that gig workers are often looking for better pay and career advancement, contrary to the belief that they all work at minimum wage. “Fairness must be built into every task. They want feedback, clear information about pay and a way of raising concerns. Platform providers could do better.”
James Farrar is the founder and director at the Worker Info Exchange, and the co-lead plaintiff in the successful case against Uber before the Supreme Court. He argued that, even when employers are required to treat drivers as workers, the workers do not have full rights, as they can only be considered workers while “on task” or using the Uber app.
He said, “We should also stop using the term ‘gig’ as it is a language of misclassification.” “I’m not a poet, or a gigbing actor. I am a worker. Drivers often have to work long shifts to cover their overheads.
Paradox of autonomy
Ruth Wilkinson of IOSH’s policy and public affairs department pointed out that many platform workers are subjected to a combination of physical and psychological impacts on their safety. A power imbalance between the company that runs the app or platform can lead to workers being unable to rest, recover or taking on jobs which could put their safety at risk.
Adrian Simpson, the head of policy for the Royal Society for the Prevention of Accidents, said that the illusion of flexibility offered by apps like Deliveroo or TaskRabbit could hide the fact there are safety concerns behind the scenes. He explained that there will be a 300% increase in gig workers over the next three-year period. Many of these people are on the road regularly, using equipment like e-bikes, which are not checked regularly.
Dr Cheng added that the rise of AI in these situations as an “invisible manager” could lead to some workers being pushed into riskier behaviors, such as driving during extreme weather conditions because of surge prices. The app determines who gets a job, what they’re rated and even who is fired. He said: “This is the paradoxical nature of autonomy.”
Ben Willmott is the head of public policy for the CIPD. He urged the government on Monday to develop a more robust plan to enforce labour laws. The Fair Work Agency will not begin operating until 2026. On top of that there is a significant backlog within the Employment Tribunal System, which is expected to increase when the Employment Rights Bill is passed.
He said that unless we make the enforcement system more progressive and improve it, any other improvements to employment rights would be undermined.
Collective voice
The panel agreed that empowering gig and platform workers by allowing them to join or organise a union would give them more voice in determining their rights.
Dr Alex Wood is an assistant professor of economic sociology at Cambridge University. He cited his survey of platform workers. Nearly two-thirds said they’d like to be part of a union. 54% would work with others to create one.
He added that “the idea of codetermination is popular,” where platforms must consult with workers about any major changes which would impact on their conditions and would require approval. Works councils, another popular method to support employee voices, are also evident in other European countries.
“Gig work has become so atomised, that people are left feeling isolated and powerless. Nadia Whittome is the MP for Nottingham East. She said that it’s more difficult for workers to organize to negotiate better wages and conditions. How do you organize if your workplace is an application? “Gig workers” are often also carers, cleaners, and people who offer childcare. These sectors are often dominated by females.”
Tim Sharp, senior TUC policy officer, believes that as AI grows more powerful the need for collective voices will increase. He argues that the upcoming Data (Use and Access) Bill does not allow workers to access their own information for algorithmic purposes. This is a missed opportunity, he says. The TUC has long campaigned to have more oversight over algorithmic decisions which affect workers.
Rebalancing power
The panel agreed that there is more to be done in order to rebalance the power between platform companies, workers and AI. They also called for greater consultation with regards to AI’s influence on their work.
Andy Chamberlain is the director of IPSE’s (Association of Independent Professionals and the Self-Employed) policy department. He said that AI was not just for the gig economy. “Algorithms are going to have a big impact on the way people find opportunities, whether they’re self-employed or not,” said Andy Chamberlain, director of policy at IPSE (Association of Independent Professionals and the Self-Employed).
Farrar added that more clarity about worker status would reduce the risk of exploitation. Algorithms, for instance, can make it easier to replace workers, meaning that businesses can classify employees as self-employed, and their work will become more risky and less protected. This could be minimised by legislation that clarifies the situation.
He said: “Big employers are able to create precarious working conditions over night, which can create an hostile work environment for many marginalised employees.” Workers could face hyper-variable salaries without knowing why or lose their jobs if algorithms are not transparent.
Simson, from RoSPA, concluded that we must not prioritize efficiency over safety. We all know that consumers will pay more for something faster. Platform operators are responsible for ensuring safety.
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