The Challenge for Labour Law in Europe
Edited by Jeff Kenner, Izabela Florczak and Marta Otto
Chapter 11: Uber drivers are workers: the expanding scope of the worker concept in the UKs gig economy
This chapter evaluates the importance of judicial decisions, most notably the London Uber case, in awarding intermediate 'worker' status to self-employed on-demand gig workers. The chapter addresses complex issues of precarity that remain even when workers have some modicum of employment protection. It assesses the impact of the gig economy on the UK's vibrant but precarious labour market, identifying problematic issues such as sham self-employment, pay, working hours, tax and social security. Analysis of the Uber case builds on the tribunals' broad protective approach to the law on worker status and availability for work. It draws insight from the parallel case before the EU Court of Justice on municipalities' regulatory powers over Uber. It concludes by comparing the protective common law approach in Uber, and subsequent cases, with proposals for legislative solutions that may reverse this trend, and offers suggestions for solutions that embed the courts' purposive approach.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.