UK high street retailers accused of recruiting young workers without employment rights over Christmas

UK high street retailers have been accused of recruiting young workers as store assistants without basic employment rights over the busy Christmas period.

Major brands – such as Urban Outfitters, Lush, Gymshark, Uniqlo and Emma Sleep – are allegedly drafting in “freelance” shop assistants through gig apps for the festive season, which means the workers would not be covered by most employment protections because they are technically classed as self-employed.

Describing the new development as “worrying”, Tim Sharp, senior policy officer for employment rights at the Trades Union Congress (TUC), told The Independent: “It would seem absurd to most people that someone can do a job like working in a shop and not be entitled to basic legal protections. There is a big question mark over the employment status of these supposed freelancers.”

Stores typically bring in agency workers – who have to basic employment rights, including holiday pay, the national minimum wage and adequate breaks – to deal with the increased number of shoppers during November and December.

However, the Observer found young social media influencers, who have hundreds of thousands of followers, are promoting platforms, including YoungOnes and Temper, where retailers are sourcing gig workers who lack basic employment rights.

Over recent years, thousands have registered on these apps, which charge shops a flat fee for each hour worked by their pool of UK-based freelancers.

The workers will not be covered by the government’s proposed employment rights legislation, which includes a ban on exploitative zero-hour contacts.

Mr Sharp said: “It’s about firms being able to flex staff up and down – this is clearly passing on risk from the business owner to the individual staff member and we think that’s unacceptable.”

Warning that more businesses in the future could exploit the loophole, he said: “At the very moment we’re going to see far stronger employment rights, some operators are coming in and seemingly offering employers a way around both existing and new legal protections.”

The government is planning to consult on a simpler two-part framework that differentiates between workers and the genuinely self-employed.

A Department for Business and Trade spokesperson told The Independent: “Bosses should never seek to deny people their employment rights and avoid their legal obligations by claiming someone is self-employed when they are not. If they do, workers can take them to an employment tribunal where they may be made to pay significant compensation.

“The Fair Work Agency will take a balanced approach that’s fair for both workers and businesses, will provide better support to businesses on how to comply with the law and will take tough action against rogue employers who exploit their workers.”

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