When Do the ‘Self-Employed’ Qualify for National Minimum Wage and Holiday Pay?

This is a hot topic at the moment with three large employers under scrutiny for their pay structures:

Uber, the transport company, has been taken to the employment tribunal to face a claim made by two of its drivers, or ‘driver partners’, that they should be treated as workers, rather than self-employed. The test for a ‘worker’ is provided for in the Employment Rights Act 1996 and requires work to be done either under a contract of employment or any other contract where the work is done personally and not by a business being run by the worker in question. Obtaining worker status would grant the drivers more employment rights and would protect them from being paid less than the minimum wage, one of the branches of the claim being made. Uber has over 30,000 driver partners in London alone and the case is likely to have large impact on this style of business...