Lush among retailers recruiting workers without ‘basic legal protections’ over Xmas

Unions have accused high street retailers such as Lush and Urban Outfitters of exploiting freelancer apps by employing young store assistants without basic employment rights during the festive period.

Thanks to a surge in TikTok users recommending freelancer apps, such as YoungOnes and Temper, brands and retailers are hiring from a large pool of gig economy assistants lacking basic worker protections during the busy festive season. These apps charge shops a fee for every hour worked by their freelancers.

Brands including Urban Outfitters, Lush and Gymshark are using these gig apps, according to the Observer.

"This is a worrying new development," said Tim Sharp, Senior Policy Officer for Employment Rights at the Trades Union Congress (TUC).

"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."

Typically, during the busy festive season, shops have brought in agency workers. These employees are entitled to basic employment rights such as holiday pay, the national minimum wage and rest breaks (all important during periods of increased footfall).

As gig workers are deemed as their own bosses, they are not covered by the aforementioned employment protections.

Urban Outfitters, for example, offered to pay gig economy workers £12 an hour, just above the minimum wage of £11.44. Last week, the retailer posted an advert on YoungOnes for "friendly young people" to work as freelance sales assistants in Westfield Stratford City, Marble Arch, Glasgow and Edinburgh. Similarly, Lush requested five freelance checkout staff during busy periods in Liverpool.

The government is planning to consult on a new two-part employment framework, which differentiates between freelance workers and the genuinely self-employed. However, these app freelancers will not be covered by the Labour government’s forthcoming employment rights legislation.

Sharp added: "It is worrying that 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."

TheIndustry.beauty has contacted Urban Outfitters, Lush and Gymshark for comment.