In this article, Mark Stevens, an Employment Lawyer in VWV’s national tech team, offers some employment law guidance for the tech sector.
People working in the gig economy has tripled over the past five years. The trade union TUC found that three in 20 adults in England and Wales, as of November 2021, work via gig economy platforms at least once a week, compared to around one in 20 in 2016.
Platforms using Gig economy workers often look to class them as self-employed independent contractors, working on zero-hour contracts or short-term, freelance contracts. However, there has been a rise in case law challenging this position.
In February 2021, the Supreme Court held in Uber v Aslam that Uber must classify its drivers as ‘workers’ rather than self-employed contractors. That meant that those drivers became entitled to rights such as to be paid in accordance with the National Minimum Wage and to receive statutory annual leave.
An employment tribunal is likely to consider an individual to be an employee or a worker where the business:
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