Millions of people work in the UK gig economy — delivering food, driving passengers, completing tasks, and freelancing through platforms. Your rights depend on your employment status, and recent court rulings have strengthened protections.
Read more: See our Employment Rights guide for a complete overview of this topic.
Employment Status — The Key Question
UK law recognises three categories, and your rights depend on which one applies to you:
| Status | Examples | Key rights |
|---|---|---|
| Employee | Permanent staff, fixed-term contracts | Full employment rights including unfair dismissal, redundancy, maternity/paternity leave |
| Worker | Most gig economy workers, agency temps, zero-hours contracts | Minimum wage, holiday pay, rest breaks, pension auto-enrolment, discrimination protection |
| Self-employed | Genuinely running your own business, setting prices, choosing clients | Very few employment rights — responsible for own tax, insurance, pension |
How Is Status Determined?
| Factor | Worker | Self-employed |
|---|---|---|
| Required to do the work personally | Yes | No — can send someone else |
| Platform sets the price | Yes | No — you set your own |
| Platform controls how you work | To some degree | No |
| Required to accept work | Often | No |
| Provide own equipment | Sometimes | Usually |
| Financial risk | Low | High |
| Can work for others freely | Sometimes restricted | Yes |
Important: Your contract may call you “self-employed” but courts look at the reality of the working relationship. If the platform controls how, when, and where you work, you’re likely a worker.
Your Rights as a Worker
| Right | Detail |
|---|---|
| National Minimum/Living Wage | Must be paid at least the legal minimum for every hour worked |
| Holiday pay | 5.6 weeks paid leave (28 days pro rata) — may be rolled up at 12.07% |
| Rest breaks | 20-minute break for shifts over 6 hours |
| Pension auto-enrolment | If you meet the age and earnings criteria |
| Protection from discrimination | Cannot be treated unfairly due to protected characteristics |
| Whistleblowing protection | Protected if you report wrongdoing |
| Working time limits | Maximum 48 hours average per week (can opt out) |
| Right to a written statement | Must receive basic terms from day 1 |
| Itemised payslips | Entitled to see how pay is calculated |
Gig Economy Platforms and Worker Status
| Platform | Current position | Key ruling |
|---|---|---|
| Uber | Drivers are workers | Supreme Court 2021 |
| Deliveroo | Riders are self-employed | Supreme Court 2023 (riders could use substitutes) |
| Just Eat | Moving towards employed riders | Varies by location |
| Amazon Flex | Under dispute | Employment tribunal cases ongoing |
| Bolt | Following Uber model | Drivers likely workers |
| Stuart | Under dispute | Tribunal cases |
Each case turns on specific facts about how the platform operates.
National Minimum Wage in the Gig Economy
How It Applies
| Detail | Rule |
|---|---|
| Working time | All time you’re required to be available AND at the platform’s disposal |
| Travel between jobs | Counts as working time if you’re in the platform’s territory |
| Waiting time | Counts if you’re required to remain available |
| Expenses | Deductions for vehicle costs etc. shouldn’t take you below minimum wage |
What to Do If You’re Paid Below Minimum Wage
- Keep records of all your hours and earnings
- Calculate your effective hourly rate (total pay ÷ total hours including waiting time)
- Raise a grievance with the platform
- Contact ACAS for advice (free helpline: 0300 123 1100)
- Report to HMRC (National Minimum Wage complaints: 0800 731 0469)
- Consider an employment tribunal claim
Holiday Pay
| Method | How it works |
|---|---|
| Accrued leave | You accrue 12.07% of hours worked as holiday entitlement, taken as time off |
| Rolled-up holiday pay | 12.07% is added to every payment — you don’t get separate time off |
Since January 2024, rolled-up holiday pay is expressly permitted for irregular hours and part-year workers.
Example: If you earn £500 in a week, rolled-up holiday pay adds £60.35 (12.07%) — making your total £560.35.
Pension Auto-Enrolment
If you’re a worker in the gig economy, you should be auto-enrolled in a pension if you:
| Criterion | Threshold |
|---|---|
| Age | Between 22 and State Pension age |
| Earnings | Over £10,000 per year from that engagement |
Some platforms have been slow to implement this. If you’re not being auto-enrolled and believe you qualify, raise it with the platform and contact The Pensions Regulator.
What to Do If Your Rights Are Being Denied
| Step | Action |
|---|---|
| 1 | Keep records — screenshots of app terms, hours worked, pay received |
| 2 | Raise a formal grievance with the platform |
| 3 | Contact ACAS — free, impartial advice and early conciliation |
| 4 | Seek legal advice — Citizens Advice, trade unions (IWGB, GMB have gig economy branches) |
| 5 | Employment tribunal — if early conciliation doesn’t resolve it (usually free to bring a claim) |
Useful Contacts
| Organisation | What they do |
|---|---|
| ACAS | Free employment advice and mediation |
| Citizens Advice | Free legal guidance |
| IWGB | Trade union for gig economy workers |
| GMB Union | Has an active gig economy branch |
| App Drivers & Couriers Union (ADCU) | Specialist union for app-based drivers |
Tax and the Gig Economy
If you’re classified as self-employed by the platform (even if you’re legally a worker for employment rights), you may need to:
| Responsibility | Detail |
|---|---|
| Register for self-assessment | If you earn over £1,000 from self-employment in a tax year |
| File a tax return | By 31 January each year |
| Pay Income Tax and NI | Class 2 and Class 4 National Insurance |
| Keep records | Income, expenses, mileage |
| Claim expenses | Vehicle costs, phone, equipment |
See our gig economy tax guide for full details.
Summary
| Key point | Detail |
|---|---|
| Most gig workers are legally “workers” | Not self-employed — despite what contracts say |
| Minimum wage applies | Including waiting time |
| Holiday pay | 12.07% rolled up or accrued |
| Pension | Auto-enrolment if eligible |
| Uber ruling changed the landscape | Workers, not self-employed |
| Keep records | Essential if you need to challenge your status |
| Get help | ACAS, Citizens Advice, trade unions |