Gig economy worker rights — what platform workers can claim

Gig economy platforms often classify drivers and couriers as "independent contractors." But UK courts have repeatedly held that the reality of control, pay terms, and working conditions point to worker status — with all the statutory rights that entails.

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How do I prove worker status if my contract says self-employed?

Gather evidence of the reality — hours worked, payment records, messages controlling your work, lack of control over prices, deactivation threats. The Uber judgment confirms the contract label is irrelevant; courts look at actual conduct and control.

My contract says self-employed — does that mean I have no rights?

No. The label is irrelevant. If the platform exercises significant control (setting prices, controlling how you work, requiring personal service), you have worker or employee status despite a self-employed label.

What about Deliveroo, Just Eat, and other food delivery platforms?

These platforms control the route and pickup, so workers are likely classified as workers, particularly if they work regularly. The precedent from Uber applies broadly.

Can I claim backdated minimum wage or holiday pay?

You can usually claim unpaid wages back to 3 months before filing. If the employer deliberately concealed your entitlement, the time limit may be extended — some gig workers have recovered backpay covering several years.

How is minimum wage calculated for time on the app but not actively working?

The Uber judgment confirmed that time logged in and waiting counts as working time for minimum wage purposes. All hours logged in must be paid at minimum wage; time offline does not count.

What should I do if I’m deactivated from the platform?

Document everything immediately — screenshots, messages, communications. If you have worker or employee status you may have a dismissal claim. File a tribunal claim within 3 months of deactivation.

Gig economy worker rights — what platform workers can claim

Uber BV v Aslam judgment

Last updated: April 2026

Uber BV v Aslam (2021)

Supreme Court: Uber drivers are workers, not contractors

Minimum wage, holiday pay, pension, discrimination protection

Contract label irrelevant

Courts look at the reality of the working relationship

The Uber case — what the Supreme Court decided

Uber BV v Aslam [2021] UKSC 5

, the Supreme Court unanimously held that Uber drivers were

under UK law, not independent contractors.

• Uber exercised significant control over how drivers worked — setting fares, deactivating drivers, dictating pickup locations and routes through the app algorithm.
• Drivers could not negotiate fares with passengers. Uber set the price unilaterally. This is a hallmark of employment, not independent contracting.
• Drivers must personally provide the service. They cannot send a substitute. The law calls this "personal service" — a sign of worker status.
• Mutuality of obligation:
• When a job is offered and accepted, there is an obligation for Uber to pay and the driver to provide the service. This is mutuality.
• Contract label irrelevant:
• Uber's contract said "independent contractor." The Supreme Court looked through the label to the reality and found worker status.

The judgment applies across gig economy platforms. Any platform that exercises similar control (setting prices, controlling work method, enforcing exclusivity) is likely to be found to employ workers, not contractors.

Why employment status matters

Almost no statutory employment rights. You are responsible for your own tax, insurance, and pension.

Statutory minimum wage, 5.6 weeks paid holiday, discrimination protection, whistleblowing protection, pension auto-enrolment, statutory sick pay (if eligible).

All worker rights, plus unfair dismissal protection (after 2 years, ERA 1996 s.94

), statutory redundancy pay, parental leave, flexible working rights.

The tests for worker status

Courts apply a multi-factor test. There is no single "magic formula," but the key indicators are:

You personally do the work. You cannot send someone else or hire a substitute. On gig platforms, this typically applies — Uber drivers cannot send someone else to drive the car.

The platform controls (or significantly influences) how the work is done, when it is done, how much is charged, and what rules apply. If the platform sets the method and controls the process, this points to worker status.

Mutuality of obligation

When you accept work, both sides have obligations: the platform to pay you, you to do the work. Some courts have found this present even in gig work, particularly if there is a pattern of regular work.

No genuine business operation

If you are not running your own independent business (you cannot set your own prices, cannot advertise services independently, cannot choose your own route/method), you are unlikely to be genuinely self-employed.

Integration into the business

Are you integrated into the platform's business structure? Or are you truly independent? Gig workers are typically tightly integrated — they are the core of the platform's service delivery.

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Rights gig economy workers have if "worker" status applies

If a court determines (or if you successfully argue) that you are a worker rather than self-employed, you are entitled to:

National Minimum Wage or National Living Wage

Applies to time logged in on the app (or time on standby), not just time doing deliveries. In the Uber case, the Supreme Court confirmed that waiting time between jobs counts toward the minimum wage calculation. You must be paid at least the statutory minimum for your age group per hour.

5.6 weeks paid holiday per year

Pro-rated based on hours actually worked. If you have worked 1,000 hours in a year, you are entitled to approximately 112 hours of paid holiday. Many platforms do not pay holiday — this is a common area for claims.

Discrimination protection

You cannot be treated unfairly or deactivated because of age, disability, race, sex, religion, sexual orientation, or other protected characteristics.

Whistleblowing protection

If you report safety concerns or breaches of law and face detriment (deactivation, reduced work), that is unlawful.

Pension auto-enrolment

If you earn above the threshold (currently £12,570 per year), your employer must auto-enroll you into a workplace pension.

Protection from unlawful deduction from wages

The platform cannot deduct arbitrary amounts from your earnings without your explicit written consent.

Written statement of terms

The platform must provide you a written document setting out the key terms of the engagement.

How to claim unpaid holiday or minimum wage

HMRC wage claim (minimum wage)

Her Majesty's Revenue and Customs (HMRC) enforces the national minimum wage. You can make a complaint to HMRC's enforcement team if you believe you have not been paid minimum wage. HMRC can serve a notice on the employer requiring them to pay arrears.

Employment tribunal (minimum wage and holiday pay)

You can claim unpaid wages (including minimum wage and holiday pay) in the employment tribunal as an "unlawful deduction from wages." This is one of the most straightforward claims. You calculate the number of hours worked, multiply by the minimum wage rate that applied at the time, and claim the shortfall. Holiday pay is calculated separately. No qualifying period needed — you can claim from your first week of work.

Strong precedent from Uber:

The Uber case established that gig platform time counts as working time. Many gig workers have successfully claimed backdated minimum wage and holiday pay following this judgment.

Deactivation — the gig economy's equivalent of dismissal

Many gig platforms can deactivate your account (removing access, stopping work offers). If you have established worker status, deactivation can be challenged as:

• Automatic unfair dismissal:
• If deactivated for whistleblowing or discrimination (no 2-year requirement)
• If you have 2 years of service and the deactivation lacks fair reason or fair procedure
• If deactivated in response to exercising a statutory right (e.g., requesting minimum wage payment)

Deactivation without notice or explanation is particularly problematic if you have worked for the platform for some time. Platforms must show procedural fairness if they are going to remove your access to work.

Frequently asked questions

How do I prove I have worker status if my contract says self-employed?

Gather evidence of the reality of your relationship with the platform: hours worked, payment records, messages from the platform setting tasks or controlling your work, evidence that you cannot set your own prices, evidence of deactivation threats, evidence of how you are treated versus actual self-employed contractors. Keep detailed records of hours, work offered, and circumstances. The Uber case shows that the contract label is irrelevant — courts look at the actual conduct and control.

My contract says self-employed — does that mean I definitely have no rights?

No. The contract label is irrelevant under UK law. If the reality shows that the platform exercises significant control (setting prices, controlling how you work, requiring personal service, preventing you from working elsewhere), you have worker or even employee status despite the "self-employed" label. The Uber judgment is clear: the contract does not determine status. The facts do.

What about Deliveroo, Just Eat, and other food delivery platforms?

These platforms have faced similar challenges. Deliveroo, Just Eat, and similar services control the route, the restaurant pickup, and the delivery destination. They control how the work is done. Many workers on these platforms are likely to be classified as workers, particularly if they work regularly. The precedent from Uber applies broadly. Some have settled claims or changed their classification approach.

Can I claim backdated minimum wage or holiday pay from months or years ago?

Generally, you can claim unpaid wages (including minimum wage and holiday) back to the point 3 months before you file the tribunal claim. However, if the employer deliberately concealed that you were entitled to minimum wage, the time limit may be extended. Many gig workers have successfully claimed backpay covering several years. Keep all records of hours worked and payments received.

How is minimum wage calculated for time spent on the app but not actively delivering/driving?

The Uber judgment confirmed that time spent logged in on the app, waiting for jobs, and performing any app-related tasks counts as working time for minimum wage purposes. You must be paid minimum wage for all time you are required to be available and responsive (logged in). Time spent offline does not count. Calculate: all hours logged in × (minimum wage at that time) = minimum wage owed.

What should I do if I'm deactivated from the platform?

If deactivated without explanation or warning, especially if you believe it is retaliatory (in response to raising a complaint or concern), document everything immediately. Keep screenshots of your app showing deactivation, any messages from the platform, and records of all communications. If you have worked regularly for a long time, you may have employee or worker status and could have a dismissal claim. File a tribunal claim within 3 months of the deactivation. Use Start My Claim to assess your situation.

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