Understanding Worker Status

The Supreme Court has unanimously held that Uber drivers are “workers” for the purposes of the Employment Rights Act 1996, the Working Time Regulations 1998 and the National Minimum Wage Act 1998. This means that they are entitled to, and can claim backdated, minimum wage and holiday pay (they will also have whistleblowing and similar rights) for periods spent working for Uber.

Identifying an individuals employment status is important in understanding what rights they have:

  1. An employee has the full protection of the law;
  2. A worker (Uber drivers) have protection of some of the laws such as holiday pay and minimum wage;
  3. and A true self-employed person will have no employment law protection.

The employment status is key in determining what tax and benefits an individual should pay and or receive, some self-employed people state that they are self-employed under a limited company to receive tax benefits, when they are actually a worker.

Please contact our Employment team on 01205 367098 if you need help with any employment issues.