Top Ten indicators of “worker” status
Calling all gig economy workers. Are you a Deliveroo or Uber Eats Driver? Are you a courier for Yodel or Amazon? You could very well have “worker” rights and be entitled to back pay and minimum wage for all the hours you work (not just when you are on a job).
Read our guide here on the meaning of “worker” status to find out if you could be a “worker”.
There is loads of misinformation out there on this.
Uber has finally accepted that its drivers are workers but they only did this after Yaseen Aslam, James Farrar and Robert Dawson fought them all the way up to the highest court in the land, the Supreme Court. Also Uber are pretending that they have given in but they have only accepted that they have to pay minimum wage while its drivers are actually driving passengers. This is completely ignoring the Supreme Court judgment which was very clear and said that drivers are “working” and therefore should receive the minimum wage whenever they are logged onto the app.
Deliveroo managed to win a court case on this issue but crucially the court that heard this case was the CAC which is a court that determines cases about collective bargaining and unions – not an employment tribunal. If the employment tribunal had heard this case, the outcome would have been very different. Deliveroo managed to win a court case on this issue but crucially the court that heard this case was the CAC which is a court that determines cases about collective bargaining and unions – not, “Worker” status is complicated and was a little known concept before the Uber case. Now it is big news.
But how do you know if you are worker without instructing an expensive lawyer to find out? Litigation Friend is in the process of designing a clever tech tool to help you answer that very question. In the meantime, if some or all of the following indicators apply to you – you could very well be a “worker”.
You don’t decide how you get paid for your work (i.e. the company you work for sets the price).
When you signed a contract with the company you work for – you just had to sign – you couldn’t negotiate the terms.
You are penalised if you don’t accept a job that is offered to you (e.g. by being logged off the app).
The company you work for provides you with the main tools/equipment/vehicle needed to do your job.
The company you work for operates a ratings system whereby if you receive a poor rating from customers you are punished.
You are not able to contact the customer directly after your job is complete.
You wear a uniform branded with the company you work for.
You have equipment/drive a vehicle branded with the company you work for.
If you cannot do the job, you are not allowed to send a substitute in your place or you can send a substitute but they have to work for the same company.
You don’t have complete control over the hours/days you work.
If some or all of the above apply to you, you could very well have “worker” status and be entitled to the following:
- National minimum wage
- Statutory sick pay
- Statutory holiday pay
- Discrimination and Whistleblowing rights
- Pension auto-enrolment
- Maternity/Paternity pay
To find out if you are a "worker" try out Litigation Friend's "Am I a Worker" tech tool here: Am I a Worker
If you would like to discuss your legal rights further, please contact us at [email protected]
Tara Grossman[email protected]
