Uber drivers now classed as workers - but what does this mean?

Below, Beverley Sunderland, Managing Director at Crossland Employment Solicitors, reveals why this decision doesn’t affect all self-employed workers, and predicts what happens next for the gig economy.  

Decision doesn’t affect all self-employed workers 

“This case does not set any general legal precedent applicable to all cases where someone engages a self-employed independent contractor as it was decided by applying well established legal principles to the particular facts in the Uber case. Each case will be decided on its own merits. 

“Under UK employment law, there are three categories of employment status - self-employed, employees and workers. The genuinely self-employed are in business on their own account, generally they have the right to send someone in their place if they cannot work, they have freedom and control over how much or little work they do and are not entitled to the minimum wage, holiday pay or statutory sick pay.   Employees, on the other hand, are subject to the ‘control’ of their employer and do not have the flexibility and freedom to refuse work offered by their employer. However, they are entitled to the minimum wage, paid holiday pay and statutory sick pay as well as the right to claim unfair dismissal after two years continuous service.