Anything goes? Exploring the limits of employment law in UK hospitality and catering

TLDR

Industry norms in UK hospitality are shaped by asymmetrical information and power, with organisational control over labour. The study examines how employment law limits protect workers from unfair treatment in the UK hospitality and catering sector. Microbreaches of employment law are routine in the sector, creating a conflict with social norms that reduces workers’ willingness to challenge violations and indicating a need to realign legal rules with norms.

Abstract

Abstract Through a case study of the UK hospitality and catering sector, this article explores the limits of employment law as a means of protecting workers from ill or unfair treatment. Finding microbreaches of the law to be common practice in the sector—akin to industry norms or ‘custom and practice’—it considers the routinisation of these microbreaches as an instance of conflict between formal legal rules and social norms. The conflict is problematic because it means that workers are less likely to perceive breach of their legal rights as an injustice worthy of challenge. The industry norms observed have been formed under the influence of an asymmetrical distribution of information and power, including organisational control over the labour process. If employment law is to be made effective, a realignment of legal rules with social norms is needed and, at the same time, the correction of this asymmetry.