Holiday pay and national minimum wage - isn’t everyone entitled? Yes, if they’re employed or classed as a worker. But an underclass of so called “self-employed” has grown up thanks to big firms operating in the gig economy. Research suggests almost half a million workers are wrongly categorised as self-employed.
A group of Addison Lee drivers claim they aren’t self-employed but are workers. In 2017 they succeeded in the Employment Tribunal. In 2018 the Employment Appeal Tribunal upheld the decision on the ground that if the drivers didn’t accept work they had to explain why and could be penalised. The case recently concluded with an unsuccessful appeal by Addison Lee to the Supreme Court. The drivers are workers and are entitled to the national minimum wage from time they log on, and Addison Lee will have to pay an average of £10,000 to thousands of workers. Lawyers said this represented “another blow to big firms operating in the gig economy”.
Another success for workers in the gig economy was recorded for Uber drivers. The Supreme Court recently held they were workers rather than self-employed, and are entitled to the national minimum wage – including backpay of the minimum wage – from the moment they turn on their app. And they will of course be entitled to paid holidays.
Help for gig workers is on the horizon. The long-awaited Employment Bill will protect gig workers with a right to request guaranteed working hours. But commentators criticise this as not being the same as guaranteed working hours.
For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, please call 01869 325 883 or email roy@magaralaw.co.uk. Magara law is an employment law firm based in Bicester, Banbury and Paddington, London, and services clients nationwide.
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