Am I an employee or a worker in the gig economy?

Most gig economy workers are classified as 'workers' — not employees or self-employed. This means you have rights to the National Minimum Wage, holiday pay, rest breaks, and protection from discrimination, but fewer rights than employees (e.g. no unfair dismissal protection or redundancy pay). Employment status is determined by the reality of how you work, not just what your contract says.

Do gig workers get minimum wage UK?

Yes. If you're legally a 'worker' (not genuinely self-employed), you're entitled to the National Minimum Wage or National Living Wage for every hour you're working — including waiting time if you're required to be available. The 2021 Supreme Court ruling on Uber confirmed this principle. Platform companies must ensure your pay doesn't fall below minimum wage.

Do gig economy workers get holiday pay?

Yes, if you're a 'worker'. You're entitled to 5.6 weeks (28 days pro rata) of paid annual leave. In practice, this is often calculated at 12.07% of your pay, which can be paid as 'rolled-up holiday pay' — added to each payment. Some platforms now include this automatically.

What changed after the Uber Supreme Court ruling?

In February 2021, the Supreme Court ruled that Uber drivers are 'workers' — not self-employed. This means they're entitled to minimum wage, holiday pay, pension auto-enrolment, and rest breaks. The ruling has had ripple effects across the gig economy, with many platforms reviewing their worker classification.

Gig Economy Worker Rights UK — Employment Status, Pay, and Protections | PocketWise

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.

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