Questions remain over the ‘gateway test’ for contractors

The Employment Court has arrived at different views on whether Uber drivers were employees. (Image: Getty)

Fri, 27 Sep 2024

The issue of whether workers are independent contractors or employees has become more and more vexed in recent times, particularly with the emergence of the gig economy. The complexity of the issue is shown by the fact that two judgments of the Employment Court have arrived at different views on the issue of whether Uber drivers were employees, with the Court of Appeal most recently deciding that certain drivers were employees (but adopting different reasoning to the Employment Court).Given the differing interpretations at judicial level,...

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