Conflict and Shifting Boundaries in the Gig Economy: An Interdisciplinary Analysis

The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection because of it. Establishing employment status continues to be the gateway to accessing most UK statutory employment rights, a fact which makes the exclusion of casual workers from much statutory protection seem arbitrary and unjust. Employment status has been historically determined by common law conceptions of the contract of employment. This creates particular difficulties for casual workers, who have typically had to prove a requirement to perform personal service and to show that the contract was based on mutual obligations in order to be recognised as employees. The advent of the gig economy has seen the concept of employment status evolve as courts and legislators have struggled to adapt to a more flexible labour market. Likewise, gig economy employers have gone to considerable lengths to try to circumvent the legal protections available to their workers. This chapter will examine the evolving role of common law doctrine in defining employment status and the emergence of the category of ‘worker’ as an definition of employment status for those who work in the gig economy. It will analyse prominent cases involving gig economy employers (such as Uber BV v Aslam) and explore how these cases have re-defined contractual doctrine. Finally, the chapter will analyse the Taylor Review (2017) and examine the viability of a conceptual uncoupling of statutory employment protection from contractual doctrine.

This chapter addresses the two important themes that we believe characterise how the platform-based gig economy operates. The first of the two themes explores the shifting boundaries of the triangular business model and its place within the wider, evolving capitalist structure. The triangular business model is the foundation of the platform-based gig economy and consists of the digital platform, the producer/worker and the end consumer. The digital platform acts as the intermediary and provides a market for exchange of goods and services between the workers and the end consumers. The fluidity of the triangular relationship has left the platform-based gig economy beyond the reach of the traditional neo-liberal regulatory system leading to the blurring of employee and employer relations. The second theme is based on the exploration and application of the Marxist concept of surplus value creation and its appropriation within the gig structure. Here, the authors seek to show the exploitation of the worker as a participant in the triangular business model. Given that the worker bears the majority of the entrepreneurial risk and provides capital they ought to receive a proportion of the surplus value created from the transaction. The authors have established the increasing dominance of platforms within the triangular business model and the enhanced scope for exploitation of workers in form of poor remuneration standards due to employee status ambiguity and the appropriation of a disproportionate amount of surplus value flowing to the platform owners.

The definition and essence of a trade union is to provide a voice for the worker, enabling a balancing of the power gap between employer and employee. How does that shift in the gig economy when the worker lacks even the most basic elements of protection through employment law? This chapter interrogates the proposition that the trade union movement has until recently neglected to engage with the issues that these workers are facing and so has denied its own roots. One result of this has been the emergence of alternative forms of organising for collective voice. This shifts the boundaries between organisers of collective voice and representation with varying results. This chapter discusses the impact on trade unionism of the gig economy and critiques its approach and pace. It identifies the conflict engendered within the trade union of advocating for members only, as well as the shifting sectors in the broader economy and trade union responses to that. The importance of trade unionism moving forward is assessed through a series of interviews and secondary research using the lenses of social movement theory at macro-level, social network theory at meso-level and social identity theory at micro-level. These theories allow an interdisciplinary analysis of trade unions responses to assess the causes of responses of trade unionists to this emergent gigging workforce and its challenges. It identifies that there is a more recent intention and potential for trade unions to engage with giggers but that an innovative and international movement for voice is required.

Talent management and its associated issues are a perennial concern for human resource management (HRM) practitioners and HR professional bodies. The disruption of the gig economy has exacerbated these concerns in multiple ways. This chapter seeks to interrogate this arena, its drivers and in particular the onward impacts on HRM practice and direction at the wider organisational level. The conceptual lens of Critical HRM has been selected for this analysis to examine how a variant of neoliberalism, that of human capital theory, has exuberated and legitimised a shift from an inclusive human relations approach to talent management to an exclusive individualised one with onward impacts on the talent development opportunities for individuals inside and outside of the organisation. This chapter also considers the reemphasis on the role of ‘strategic planning’ and the rise of supply chain management discourses in the context of managing atomised talent. It is argued that in the absence of mutuality in the gig economy espoused talent management strategies can create a conflict between the agendas of giggers, platforms and agencies and wider stakeholders in organisations. These issues are examined through an in-depth case study of gig-based contracts in the higher education and their impact on talent management and associated goals of innovation and creativity.

Employment law recognised the value of whistleblowing with the enactment of the Public Interest Disclosure Act 1998, protecting a ‘worker’ against dismissal and victimisation. Whistleblowers are particularly vulnerable in the gig economy as they may fall outside the statutory definition of ‘worker’ for the purposes of the whistleblowing legislation. This makes a study of whistleblowing in the gig economy pertinent. This chapter explores the statutory definition of ‘worker’ with regard to the current whistleblowing provisions and considers the barriers it presents for gig workers. Judicial interpretation of the definition is examined through an analysis of recent case law that shows much inconsistency and a conflict of judicial approach. The resulting blurred boundaries of the legal term leave a gig worker uncertain as to the level of their protection for blowing the whistle. The need for reform to protect individuals in a wide range of working relationships is clear. It is argued that the new EU Whistleblowing Directive, in protecting ‘work-related activity’, provides better protection for all whistleblowers. The role of human rights in extending the status of work is also advanced. Finally, the implications of developments in this area for key stakeholders in the gig economy are considered highlighting the importance of creative new approaches to give voice to all workers.

Much of the body of literature analysing the gig economy focuses on its exploitation of low-wage workers and its role in increasing precarious work. This chapter approaches the topic from a different angle, focussing on the contribution of the gig economy to the declining power of the medical profession. As well as facilitating and promulgating contingent work in healthcare, the gig economy disaggregates medical work into isolated on-demand micro-tasks on digital platforms. This has implications for the status and power of the medical profession, the doctor–patient relationship, and inter-professional boundaries in healthcare. The mechanisms through which these dynamics unfold, as well as the inter-related factors that support the transformations in the allocation and content of medical work, are discussed. These include the implications of heightened transparency of medical work resulting from unbundling of jobs, commodification of medical professionals, and platform-based vulnerabilities such as rating systems that impact doctor–patient relationships. Closure theory is drawn on to illuminate the dynamics of the transformation in professional boundaries and the arising conflict that it entails for the healthcare workforce at different levels. The conflict is theorised as an insidious exercise of closure by allied health professionals on the remit of the medical profession, which challenges remuneration, authority, and other exclusionary benefits traditionally accrued to the medical profession.

This chapter aims to identify the impact of misbelief and heuristics on the engagement of giggers and customers with gigging organisations. This is of value due to the plethora of gigging opportunities and our lack of knowledge about how and why people choose to take up these opportunities. In addition, the gigs may frequently go unrecorded with payments made through systems such as PayPal which can allow international payments to be made without remittances. This chapter utilises some of the primary evolutionary theories to explore the efficacy and conflict in communications between gigging organisations, their customers and providers (giggers). Those selected are: misbelief in the conscious mind; and heuristics, such as the availability and confirmatory heuristics in the unconscious mind. Misbelief is addressed as a spandrel, and heuristics are discussed through the lens of fast and frugal approaches. Through a text analysis of 77 international gigging organisations, the messages conveyed are assessed against both evolutionary theory and prior research into the gig economy. The findings are that evolutionary psychology provides a useful framework for analysing these messages, as well as aiding understanding of gigging behaviours. HRM practitioners could make use of this form of analysis to support their design of interactions with giggers to ensure clarity on both sides.

Career management research and literature has been slow to respond to the rise of the gig economy. Perhaps in part due to the temporal, flexible and shifting nature of the gig economy, there could be an assumption that the boundaryless and protean career management models that have dominated careers thinking for nearly 30 years retain and extend their applicability. However, whilst there is clear resonance with discourses such as boundaryless, portfolio and protean careers within the gig economy, this chapter will argue these models cannot adequately address female career management experiences. Through a feminist poststructuralist and intersectional lens, the concept of the frayed career is advocated as a more useful approach for understanding the impact of gender and intersecting subject positions on career management experiences. With growing numbers of women employed in the gig economy and in addressing calls for a greater focus on gender and intersecting identities on the experiences of gig work, this chapter analyses the role of gender, ethnicity and class and career management outcomes in the gig economy amongst Human Resources professionals. The frayed career concept is used to demonstrate how gig work can be incorporated into the rhythmicity of a career and how shifting intersectional positions can reveal alternative discourses of privilege and precarity from the otherwise assumed position of multiple disadvantage. In doing so there is an opportunity to reflect on appropriate career management guidance for women in the gig economy beyond the dichotomous positions of privilege or disadvantage and career solutions based on Westernised linear career ideals.

This chapter draws together the main themes and conclusions from the book to provide an interdisciplinary analysis of the impacts of the gig economy. The effectiveness of the dynamic structural model of the gig economy for structuring and understanding of this heterogenous and somewhat hidden economy is also addressed. This chapter identifies the primary locations in which boundaries are shifting and suggests the onward impact of this, as well as ways in which organisations may be able to ameliorate the effects. It focusses in particular on the implications for the human resource management community and key stakeholders in the wider economy, in relation to future of work debates. Reflections on the utility, benefits and opportunities for interdisciplinary research within the current constrain of journal rankings and higher education performance regimes are also explored. Finally, a number of potential avenues for further research to advance our understanding of, and engagement with this form of commerce, are identified.