Employment status is a complex issue and one which has attracted ongoing attention due to developments such as the rise of the digital gig economy. 
 
Cases such as the ruling by the Supreme Court that Uber’s drivers were not self-employed but were in fact ‘workers’ and many others highlight the legal risks employers face if they don’t accurately classify the employment status of individuals that do work for them and ensure this is reflected in their employment rights. 
 
Significant reform is on the horizon. Organisations must now also keep up to date with potential changes to worker status and enhanced workers’ rights.

This factsheet explains the current legal tests for employment status in the UK, and why they are important for establishing employment rights. It describes how employment status is set out in law, but defined by case law, and outlines how the law is set to change in this area in the future.

Explore our viewpoint on employment status, rights and regulation in more detail, along with actions for government and recommendations for employers.

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