The recent tribunal ruling that Uber’s drivers are workers and not self-employed will have a huge impact on smaller companies that make the same mistake.
Think your business is at risk? Use the quick status checker below to see if you have it right:
1. Can the person send anybody else in their place to do the work?
If YES, he or she is most likely self-employed.
2. Does the person have to do the work themselves but can also turn down offered work?
If YES, he or she is most likely a worker.
3. Do you have to give work to the person and, once you do, the person has to do it?
If YES, he or she is most likely an employee.
And ask yourself other questions like:
- Does the person do the work as part of their own business?
- Do you or the employer control how, where, and when the person does the work?
- Do normal disciplinary rules apply to the person?
- What does the staff documentation state?
- What actually happens on a standard workday?
The different statuses determine the different rights you give to your staff.
As the Uber case shows, workers get minimum wage, paid holiday, rest breaks and working time rules, whereas employees get further rights like sick pay and the option to claim unfair dismissal.
And as well as Uber, similar cases are going through the tribunal system right now, so this is only the start. We expect more staff members to start questioning their rights.
And it could happen to you.
For help and support with different employment statuses, call Peninsula free today on 0800 028 2420