In Uber BV v Aslam [2021], the UK Supreme Court unanimously ruled that Uber drivers are "workers" — not self-employed independent contractors. This was a landmark decision that reshaped the gig economy landscape in the UK.
The ruling means Uber drivers — and by extension, many other gig workers on similar platforms — are entitled to the National Minimum Wage, paid holiday, and rest breaks. The Court found that Uber exercised significant control over drivers: setting fares, imposing conditions through the app, and penalising drivers who rejected rides.
The implications extend well beyond Uber. Any gig platform that controls how, when, or where people work may find its workers reclassified. If you work for a platform and are told you're "self-employed," the Uber ruling means that label may not reflect your true legal status.
UK employment law recognises three categories of working status, each with different rights:
Crucially, the label on your contract doesn't matter — what matters is the reality of your working arrangement. A contract calling you "self-employed" does not make it so if the working relationship says otherwise.
Courts and tribunals look at the substance of the relationship, not the paperwork. The key factors that suggest you are a "worker" include:
If most of these factors apply to you, you are likely a "worker" regardless of what your contract says. The Uber ruling reinforced that tribunals should look at the real-world relationship, not contractual terms designed to avoid employment obligations.
If you are a "worker," you must be paid at least the National Minimum Wage (NMW) for all working time. For app-based gig workers, "working time" includes time logged in and available for work — not just time spent on active jobs. This was confirmed in the Uber ruling.
If you believe you are being paid below NMW, you can make a complaint to HMRC — they investigate anonymously and can order your employer to pay arrears going back up to 6 years.
As a worker, you are entitled to 5.6 weeks of paid annual leave per year (28 days for someone working 5 days a week). For gig workers with irregular hours, holiday pay is typically calculated as 12.07% of hours worked.
This may be paid as rolled-up holiday pay (added to each payment as a separate line item) or accrued and taken as actual time off. Either way, your employer cannot simply ignore it — if they have not been paying you holiday pay, you may be owed a significant amount in arrears.
If you are a worker aged 22 or over and earning more than £10,000 per year, your employer must auto-enrol you into a workplace pension scheme. The minimum contributions are:
Many gig platforms have not been enrolling workers in pensions. If you qualify and haven't been enrolled, you may be owed backdated employer contributions.
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General legal information only — not legal advice. For specific situations, consult ACAS or a qualified employment solicitor.