Workers v self-employed?

There have been a number of landmark cases recently in which people working in the so-called “gig” economy have been found to be workers, and therefore have access to various rights.  Typically these are individuals who work for a service organisation, and are paid for work done, not on a salary basis.  The agreement that they have with umbrella organisation is working on a self-employed arrangement and they, for example, pay taxes on self-employed basis.

Several people have recently made claims in Employment Tribunals to claim that they are actually not self-employed.  These have included individuals working for the taxi firm, Uber, the delivery company Deliveroo and the plumbing organisation Pimlico Plumbers.  In each case they have been trying to access rights that are not available to self-employed people, but are available to workers. These include paid holidays, sick pay and the right not to be discriminated against for working part-time.

Below is a summary of some of the key rights for employees and for workers that such individuals might be trying to access.  The government are clearly taking such matters seriously and have now commissioned a review to look into the issue of workers’ rights in the “gig” economy.  It is perhaps to ensure that employers don’t try to shirk their responsibilities by setting up sham arrangements to hire staff on a self-employed basis to deny then their rights.

Employment Rights

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