"Self-employed" isn't just a box you tick when you sign a contract — it's a legal status that tribunals and courts have repeatedly tested against what actually happens day to day, regardless of what the paperwork says. Several high-profile UK cases involving gig economy and delivery drivers have turned on exactly this question.
Why this matters beyond the label
If a tribunal decides you're legally a "worker" rather than genuinely self-employed — even if your contract says self-employed — you may be entitled to rights the contract doesn't mention: paid holiday, rest breaks, and the National Minimum Wage. Several courier and delivery drivers have won exactly this argument against the companies they worked for, while others (notably at Deliveroo) have lost similar claims. The outcome hinges on specific facts, not the label in your contract.
What tribunals actually look at
- Genuine right of substitution: can you actually send someone else to do the job, with no real restriction, or is it substitution "in theory only"? Deliveroo's relatively unrestricted substitution clause was central to riders being found self-employed; more restricted substitution rights have gone the other way in other cases.
- Control: how much say do you have over your hours, route, and how the work gets done, versus being directed in detail by the platform or network?
- Mutuality of obligation: is the company obliged to offer you work, and are you obliged to accept it, or can either side walk away from any given day freely?
- Integration: do you operate as your own business (own insurance, own equipment, ability to work for others), or are you effectively embedded in their operation?
Recent cases worth knowing
Uber drivers were found by the UK Supreme Court to be "workers" rather than self-employed, entitling them to minimum wage and holiday pay. CitySprint and Addison Lee drivers won similar findings in earlier tribunal cases. Deliveroo riders, by contrast, have repeatedly been found genuinely self-employed by UK courts, largely due to their broader substitution rights. Delivery subcontractors working for some Amazon-linked delivery companies have also faced legal challenges over "bogus self-employment" claims. The pattern: courts look past the contract to the reality of the working relationship.
What this means practically for you
Being correctly classified as self-employed is often what you actually want — it gives you the freedom to set your own hours, work for multiple networks, and claim business expenses against tax. The risk isn't being self-employed; it's being told you're self-employed by a company whose actual control over your work doesn't match that label, leaving you without either the flexibility of self-employment or the protections of worker status.
- Read your contract's substitution clause carefully — is it a genuine right, or does it require the network's approval every time in practice?
- Keep records of your actual working pattern: which hours you chose, any refused jobs, other work you've done alongside it
- If you believe you're misclassified, ACAS and the Employment Tribunal service both handle these disputes, and several unions (GMB, IWGB) have supported drivers in bringing claims