Worker status and what the Uber ruling changed
UK law has three categories: employee, worker and self-employed. The Supreme Court held in 2021 that Uber drivers are workers, which brings minimum wage and holiday pay. It did not change the tax position, so a driver can be a worker for rights and self-employed for tax at the same time.
Last checked 12/09/2026.
This is the most misunderstood subject in gig work, mostly because two different legal questions share a name and give different answers.
Three categories, not two
| Status | Gets | Does not get |
|---|---|---|
| Employee | Everything, including unfair dismissal and redundancy | |
| Worker | Minimum wage, paid holiday, rest breaks, deduction protection | Unfair dismissal, redundancy, notice |
| Self-employed | Freedom to work as they choose | Statutory employment rights |
Worker is the middle category and it is where most of the litigation has landed. It exists precisely for people who are not running an independent business but are not employees either.
What the Supreme Court decided
In February 2021 the Supreme Court held unanimously in the Uber case that the drivers were workers. Two parts of the reasoning matter for everybody else.
- The contract does not decide it. Statutory rights cannot be contracted out of, so a document calling somebody self-employed does not make them so if the reality is different.
- Working time includes being logged in and available, not just carrying a passenger. That is what makes minimum wage calculable at all in gig work.
Why the tax position did not move
Employment status for tax and employment status for rights are decided by different tests under different legislation. There is no rule that says the answers have to match, and for gig drivers they generally do not.
The practical consequence: you still register with HMRC, still keep records, still claim your mileage and still file a return, whether or not you are a worker for rights purposes.
Where other platforms stand
Food delivery has gone the other way. The courts held that Deliveroo riders were not workers, largely because riders had a genuine and used right to send somebody else in their place, which is inconsistent with the personal service a worker relationship requires.
So there is no single answer across gig work. It turns on the terms of each platform and on how they operate in practice, and the picture continues to change.
What to do about it
If you think you are a worker and are being treated as self-employed, the route is a claim to an employment tribunal, and the time limits are short. Get advice quickly rather than thoroughly. Acas offers free early conciliation and it is the usual first step.
Keep your own records of hours logged in and of what you were paid, because a minimum wage or holiday pay claim is arithmetic and the arithmetic needs your figures.
Sources
Common questions
- Am I a worker or self-employed?
- It depends on the platform and on how much control it has over how you work, not on what your contract calls you. The Supreme Court was explicit that a label in a contract does not decide it.
- What does worker status get me?
- The national minimum wage for working time, paid holiday, rest breaks, protection from unlawful deductions and whistleblowing protection. It does not get you unfair dismissal rights or redundancy pay, which are employee rights.
- Does worker status change my tax?
- No. Employment status for rights and employment status for tax are separate tests with separate outcomes. Uber drivers are workers for rights and remain self-employed for tax, so the Self Assessment obligation is unchanged.
- Does the ruling apply to food delivery?
- Not automatically. Deliveroo riders were held not to be workers, largely because a genuine right to send a substitute pointed away from personal service. Each platform is decided on its own facts.
- How do I claim holiday pay if I am a worker?
- Through the platform first, then an employment tribunal if refused. Tribunal time limits are short, usually three months less one day, so the deadline matters more than the merits.
About the author
Issac Davies, Founder of JoltMile
Issac Davies drives for gig apps in the UK and built JoltMile to show drivers what a shift actually pays once fuel, insurance and tax come off. Every guide here is checked against HMRC and gov.uk guidance, and is information rather than tax advice.
Track this automatically
The JoltMile app works this out from your own shifts, and keeps the figures ready for Self Assessment. Your first 10 shifts are free.
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