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=16pxWhat is the UK Supreme Court’s core legal consideration when determining "Worker" status for Gig Economy contractors?Analysis:The key is assessing the economic reality of the relationship, overriding contractual definitions (Uber v Aslam [2021] UKSC 5). The Court focuses on the power imbalance and two main factors:
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[*]Control and Subordination: The degree of control the platform exerts over the individual (e.g., setting fees or managing performance).
[*]Genuine Substitution: Whether the contractual right to substitute is real or merely restrictive, ignoring clauses that lack practical effect.
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The law prioritizes protecting the individual based on the actual working relationship.