The "gig economy" (app-based and on-demand work such as ride-hailing, food delivery and freelance platforms) has grown rapidly, and so has the law around it. A gig worker's rights in England and Wales depend heavily on their employment status. Here is a plain-English guide.
It all turns on status
UK law has three statuses, and gig workers usually fall into the middle one:
- Employee, full employment rights.
- Worker, a middle category with core rights. Many gig workers are "workers".
- Self-employed (independent contractor), few employment rights.
Crucially, the label in the contract is not decisive (courts look at the reality of the relationship (control, personal service, who bears risk). In the landmark case Uber BV v Aslam [2021] UKSC 5, the Supreme Court held that Uber drivers were "workers", not self-employed) entitling them to key protections despite their contracts saying otherwise.
Rights of a gig worker who is a "worker"
If a gig worker qualifies as a worker, they are entitled to important rights, including:
- the National Minimum Wage / National Living Wage;
- paid annual leave (5.6 weeks, pro-rated) and holiday pay;
- rest breaks and limits on working time (the 48-hour average week, with opt-out);
- protection from unlawful deductions from wages;
- pension auto-enrolment (if they meet the criteria);
- protection from discrimination under the Equality Act 2010; and
- whistleblowing protection.
These are real, enforceable rights, and a platform cannot simply contract out of them.
What workers generally do NOT get
Unless a gig worker is actually an employee, they usually do not have:
- protection from unfair dismissal;
- statutory redundancy pay; or
- statutory notice, family leave rights and other employee-only entitlements.
So the worker/employee distinction still matters a great deal.
Other protections
- Equality law protects gig workers (and even applicants) from discrimination regardless of status nuances.
- Health and safety duties can apply to those engaged to do work.
- Genuinely self-employed contractors rely mainly on their contract and general law.
Reform on the horizon
The law in this area is evolving. The law in this area is evolving. Proposed employment reforms may further strengthen gig workers' rights, including possible changes to employment status law. The final legislation, commencement dates and scope should be checked against the law currently in force before relying on any proposed changes.
What to do if you think your rights are denied
- Check your real status against the legal tests (control, substitution, risk).
- Raise it with the platform; use Acas for conciliation.
- You can bring a claim in the Employment Tribunal (e.g. for unpaid holiday or minimum wage) (usually within three months less one day) after Acas early conciliation.
Key takeaways
- Gig workers' rights depend on status, and many are "workers" (not self-employed), confirmed by Uber v Aslam, where the substance of the relationship prevailed over the contract label.
- Workers get core rights: minimum wage, paid holiday, rest breaks, no unlawful deductions, pension auto-enrolment, and protection from discrimination and whistleblowing.
- They generally do not get unfair dismissal or redundancy rights unless they are employees.
- The area is reforming (proposed legislation; check what is enacted and in force), check the current law, and use Acas/Employment Tribunal to enforce rights.
Sources
- Employment Rights Act 1996 (worker/employee status and rights); Equality Act 2010 (discrimination)
- Uber BV v Aslam [2021] UKSC 5 (gig drivers held to be workers; substance over label)
- Working Time Regulations 1998; National Minimum Wage Act 1998; Pensions Act 2008; proposed employment reform legislation (check whether enacted and in force at the relevant date)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor or Acas.