Does the fact an individual has the right to hire a replacement, to do part or all of their work, mean they cannot be considered a ‘worker’? This is a question that has recently been referred by an employment tribunal in Watford, UK, to the Court of Justice of the European Union, as revealed on 18 September by specialist HR news site Personnel Today. The UK judge asks more generally about the compatibility of the status of ‘worker’ with European law, as well as about working time rules. Experts believe the European response to these questions could have an impact on the gig economy as well as on the status of ‘worker’ (distinct under UK law from that of ‘employee’).
The issue began with a complaint from a delivery worker for delivery firm Yodel. The complainant, who signed a contract in 2017 stating clearly that they were an independent worker, rather than a worker or employee (two differing legal statuses under UK law), argued that they were in fact a worker, a status that would entitle them, for example, to a minimum wage and paid holiday.
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