An ET is seeking clarification from the ECJ on the proper interpretation of the “worker” classification under EU law, particularly around a gig-economy worker’s right to use substitutes. Personnel Today report that the Watford ET referred a series of questions to the ECJ while considering the employment status of a Yodel couriers, as it believed the way worker status is determined under UK law might be “incompatible” with how it is viewed under EU legislation. It has asked the ECJ whether the fact that an individual has the right to engage “substitutes” to perform all or part of their work means they cannot be considered a worker under the Working Time Regulations.
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