On Thu, 18 Aug 2016 12:24:10 +0100, Robin wrote:

On 18/08/2016 10:41, Recliner wrote:


a
truly self-employed person who can take a break whenever they like,


I think that's not a valid paraphrase of the Harvard professor or of UK
law. Eg I doubt locum doctors working in A&E under a contract for
services are free to take a break "whenever they like".

Sure, but they're paid for the whole shift. Uber drivers aren't.
They're effectively on piece work, but are not only not paid while
they take a break, but kept offline as punishment is they do.


I also doubt that self-employed drivers with a "patch" can decide to
take some parcels but not others; or decide half-way through a day's
deliveries that they don't want to do any more work that day.

I think that's exactly what some do.


I'm not defending Uber but I do think much depends on the precise terms
of the Uber contract.

I'd imagine their contract is watertight, but not necessarily fair.