Europe’s biggest platform companies will fail the majority of the five tests laid down by the EU to determine whether their staff are genuinely self-employed, an analysis by the ETUC has found.

The platform work directive published by the European Commission in December includes a list of criteria which will be used to determine if an employment relationship exists between workers and a company. If a company meets at least two of the five criteria, they will be considered an employer.

These burdensome criteria could defeat the point of a ‘presumption’ of employment status promised by the Commission as well as opening new loopholes which platform companies could use to continue escaping their obligations.

But that doesn’t mean platforms can expect a free ride. Our analysis has found Uber and Deliveroo are among well-known companies which meet more than two of the tests and would therefore be classed as employers.