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 |
Upcoming Changes Under the Employment Rights Act 2025
The Employment Rights Act 2025 (Royal Assent December 2025) is being introduced in phases and includes measures relevant to gig and platform workers:
| Change | Status as of September 2026 |
|---|---|
| Fair Work Agency — new single enforcement body covering minimum wage, holiday pay and other worker rights | Launched 7 April 2026 |
| Statutory right to “guaranteed hours” for zero/low-hours workers (potentially relevant to some platform arrangements) | Not yet in force — expected during 2027, following a consultation that closed 25 August 2026 |
| Wider reform of employment status (a possible single “worker” status merging employee/worker categories) | Still at consultation/review stage — no firm date confirmed |
Employment status disputes for gig platforms (Uber, Deliveroo, and others) continue to be decided case by case under existing case law — check gov.uk or ACAS for the latest position before relying on any of the above as settled.
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 |