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📱 Gig Economy Guide
Gig Economy Rights: Platforms, Workers & the Law in 2026
Driving for a platform, delivering food, or freelancing through an app? This guide explains your employment status, what rights you have, and what the landmark Uber ruling means for gig workers.
📅 Last reviewed: July 2026📚 Sources: GOV.UK, ACAS, HSE, Citizens Advice🇬🇧 Applies across the UK
Worker or self-employed? Read the guide for where you work:England, Wales and Scotland · Northern Ireland. Some rules on this page apply in England, Wales and Scotland only.
⚖ Know Your Rights at a Glance
Uber v Aslam (2021): Supreme Court ruled Uber drivers are workers — not self-employed. This is still current law and applies across gig economy platforms.
Platform control test: If the platform controls your pay, routes, working conditions and customer ratings, you are likely a worker regardless of what the contract says.
Workers get NMW and holiday pay — and platform companies cannot contract out of this by labelling you self-employed.
Unpaid trial work breaches NMW if genuine work was performed — even for "onboarding" tasks.
Whistleblowing and discrimination protection applies to workers from day one.
Guaranteed hours: The Employment Rights Act 2025 includes a right for zero hours and low-hours workers in England, Wales and Scotland to be offered guaranteed hours. It is not in force yet.
🆕 Uber v Aslam still governs — proposed guaranteed hours from 2027
The Supreme Court's 2021 ruling in Uber v Aslam remains the leading authority on gig worker status. Platforms cannot override it by relabelling workers as self-employed. The Employment Rights Act 2025 includes new rights for zero hours and low-hours workers in England, Wales and Scotland, such as a right to be offered guaranteed hours, but these are not yet in force.
Are you a worker or self-employed?
The key question for every gig economy worker. Three employment statuses exist in UK law:
Employee: Highest protection — unfair dismissal, redundancy pay, TUPE rights
Worker: NMW, holiday pay, whistleblowing protection, pension auto-enrolment, anti-discrimination rights
Self-employed: No statutory employment rights (but NMW may still apply if the reality says otherwise)
What your platform calls you in a contract is not definitive. Courts look at how you actually work. The factors pointing toward worker status include: the platform sets the fare/fee; you cannot freely set your own price; there is a rating/performance system; the platform controls the customer relationship; you cannot easily substitute another person for yourself.
What the Uber ruling means for you
In Uber BV v Aslam [2021] UKSC 5, the UK Supreme Court held that Uber drivers were workers, not self-employed, because:
Uber set the fare and drivers could not negotiate
Uber imposed the contract terms on passengers
Uber controlled the route via the app
A driver rating system constrained their conduct
Uber restricted their ability to work for competitors during logged-in periods
This logic extends to other platforms — if your platform controls pay, routes, customers and performance in the same way, you are likely a worker with the same rights.
Your rights as a gig economy worker
If you are a worker (which most platform-based gig workers are following Uber):
National Minimum Wage for all working time (including waiting time between jobs if you are required to be available)
Paid holiday of 5.6 weeks a year (in England, Wales and Scotland, workers with irregular hours build it up at 12.07% of the hours they work)
Pension auto-enrolment if earnings meet the threshold
Whistleblowing protection from day one
Protection from discrimination on all 9 protected characteristics
Protection from detriment for asserting your statutory rights
1
Check whether the platform controls your work
If the platform sets your price, controls the customer, rates your performance and restricts you from competing, you are likely a worker.
2
Keep records of all working time
Log your hours including waiting time, travel between jobs, and any onboarding/training. This is your evidence for NMW and holiday pay claims.
3
Contact ACAS or a solicitor to clarify your status
Employment status disputes with platforms can be complex. ACAS can advise; some specialist employment law firms handle gig economy cases on a no-win no-fee basis.
4
Submit an ET1 claim for unpaid NMW or holiday pay
If you believe you are owed NMW or holiday pay as a worker, you can bring a tribunal claim after ACAS early conciliation. Time limits apply.
5
Report NMW underpayment to HMRC or the Fair Work Agency
HMRC enforces the minimum wage on behalf of the Fair Work Agency and considers all complaints from workers. In Northern Ireland, you can also ask the Labour Relations Agency for advice.
Frequently asked questions
The app calls me self-employed but controls everything — what am I?
Likely a worker. Courts look at the reality, not the label. If the platform sets prices, controls customers and rates your performance, the Uber ruling suggests you are a worker with NMW and holiday rights.
Do I get paid for waiting between deliveries?
If you are required to be logged in and available on the platform during waiting time, that time may count as working time for NMW purposes. If you can freely go elsewhere, it may not.
Can a platform deactivate my account for claiming my rights?
Deactivating (effectively dismissing) a worker for asserting a statutory right is unlawful. If you are deactivated after asserting NMW or holiday rights, contact ACAS immediately.
Am I entitled to sick pay?
From 6 April 2026 there is no lower earnings limit for statutory sick pay: it is paid from the first full day of sickness absence, at £123.25 a week or 80% of your earnings if that is lower. Whether you get it depends on your employment status, so confirm your status first.
What if I use a substitute driver for my shift?
A genuine right to substitute yourself (where you can send anyone, not just someone from the platform's own pool) is a strong indicator of self-employment rather than worker status.
Can I join a trade union as a gig worker?
Yes. Workers have the right to join a trade union. Several unions specifically organise gig economy workers — the IWGB (Independent Workers' Union of Great Britain) is the most active in this space.
Are there any rights I have as self-employed?
Even if genuinely self-employed, you still have protection from discrimination when buying/using services, and HMRC's NMW rules may apply if your actual working relationship makes you a worker.
📞 Free help and support
ACAS: 0300 123 1100
IWGB (gig worker union): iwgb.co.uk
Citizens Advice: 0800 144 8848
Fair Work Agency: gov.uk
⚠ Important disclaimer: This guide covers gig economy rights across the UK as at July 2026. General legal information only — not legal advice. Verify with ACAS, GOV.UK or Citizens Advice before acting. ukworkrights.co.uk — Not a law firm.
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