The government has published a new assessment of proposed employment-status reforms that could affect scaffolding firms using self-employed labour, while consultation on the changes remains open.
The options assessment, dated 29 October, examines plans to change the weight given to personal service when determining worker status and to introduce a presumption of worker status at employment tribunals.
It estimates an equivalent annual net direct cost to business of £167.8 million for the preferred option. That is an economy-wide estimate for proposed reforms, not a charge on scaffolding firms or a forecast of costs for this sector. The assessment also identifies benefits that have not been given a monetary value, including worker wellbeing and a more level playing field for businesses already providing employment protections.
The Make Work Pay consultation, launched on 14 October, seeks views on measures to tackle bogus self-employment and strengthen rights for people who are genuinely self-employed. The proposals have not become law.
It covers England, Wales and Scotland, with responses due by 11.55pm on 8 January 2027. Employment law is devolved to Northern Ireland.
Worker status and substitution
One proposal would place less weight on personal service when deciding whether someone is a worker. A contractual right to send a substitute would carry less weight where other features of the working relationship point towards worker status.
The consultation also considers a presumption of worker status, which would shift the burden of proving genuine self-employment to the business engaging the individual. It seeks views on enforcement and the potential role of the Fair Work Agency.
For scaffold businesses using self-employed labour, these proposals raise questions about contracts and day-to-day working arrangements, particularly where the contractor controls how work is carried out.
Blacklisting and safety protections
The consultation document identifies construction as an industry where blacklisting has historically been a particular problem. It asks whether protections should be extended to more self-employed people.
It also explores protection against detrimental treatment for self-employed people who take appropriate action in response to serious and imminent workplace danger, alongside a possible wider role for self-employed trade union members as safety representatives.
A proposed right to written statements would give genuinely self-employed people clearer information about their individual contracts.
The government announcement makes clear that the consultation concerns employment rights and contains no proposals to change tax status or tax frameworks.
Businesses, workers, trade unions and representative bodies are among those invited to respond. The government will consider the submissions before publishing its response.
