Self-employed? Supreme Court confirms Uber drivers are classed as workers and entitled to basic rights

22nd February 2021

As HMRC announces a 12-month ‘soft landing’ for IR35, (also known as the off-payroll rules), in its just published compliance strategy, (read more here), Uber has lost its case in  the Supreme Court in which it claimed that its drivers were independent contractors and as self-employed, were not entitled to a minimum wage and holidays. The decision is significant to the 5.5 million people who work in the gig economy, and to the on-going Government focus on the definition of “self-employment” in terms of the payment of taxes and entitlement to workers’ rights.

If you are unsure as to whether you or someone you are engaging is correctly defined as “self-employed”, HMRC continues to provide on-line tool  for checking employment status for tax purposes and we, at Whittles are happy to discuss the issues from an accountancy and tax perspective with access to external legal advice if required.