The so-called gig economy is big business in the UK. In the last few years it has grown to include approximately 30% of the total UK workforce, with 5 million people earning a living with companies like Uber and Deliveroo.
But whether those people are in fact ‘working for’ these companies is a moot point.
There was wide publicity for the Employment Tribunal’s recent decision that Uber drivers aren’t self-employed (as the company contested), but are workers employed by Uber. Uber’s appeal to overturn the decision has failed and it remains to be seen if they will accept the ruling or continue to appeal against it. Whatever the result, it will no doubt have implications for many thousands of workers all over the UK.
So, what are the different types of employment status and where do you fit in?
Here’s a brief guide:
You are generally classed as a worker if:
You are generally classed as an employee if most of these conditions apply to you:
You are usually self-employed if most of the following apply:
You can be a contractor if you are self-employed or if you a worker or employee if you work for a client and are employed by an agency.
Your employment status determines the rights you have. For example, amongst other things a worker has the right to be paid the national minimum wage, protection against unlawful discrimination and protection for whistleblowing. An employee has all the same rights as a worker plus additional rights such as the right to ask for flexible working, a minimum notice period and statutory redundancy pay.
Your employment status also determines your employer’s responsibilities to you.
There is a full guide to employment status and the rights and responsibilities of employees and employers at https://www.gov.uk/employment-status.
If you believe your employer has not met their responsibilities or that your rights have been breached, talk to us. Our employment law experts have handled many cases for our clients, including instances of racial and sexual discrimination and whistleblowing. We have successfully taken cases to the Employment Tribunal or, more frequently, settled before they reach that stage.
Contact us on 0114 220 1795 or email firstname.lastname@example.org.