Last year the case Uber BV v Aslam made headlines across the media when the Supreme Court ruled that thousands of Uber drivers are ‘workers’, as defined by legislation, and not independent contractors. Accordingly, they are legally entitled to basic employment rights. However, according to a recent Financial Times article, the Pensions Regulator chief executive has conceded that, despite his calls for them to do so, not all gig economy employers have done ‘the right thing’ and offered pensions to staff in the 18 months since the Uber judgment.

So, what does this mean for people working in the gig economy?

According to TUC figures, there are now 4.4 million people in the gig economy, who work on either zero-hours contracts or a piece-work basis. Many employers still go to great lengths to prevent their staff from becoming legally eligible for employee or worker status. Although this may give greater flexibility to businesses, it disadvantages those who remain ineligible for basic employment rights, such as membership of a pension scheme and other benefits – one of the issues considered in the Uber case.

The term ‘worker’ is defined by statute as someone who is either employed under a contract of employment or “any other contract… whereby the individual undertakes to do or perform personally any work or services for another party”. Difficulties have arisen in the interpretation of the second part of this definition.

Employers have attempted to avoid their obligations by...

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