The Observer has found large brands, including Urban Outfitters, Lush, Gymshark and Uniqlo, are recruiting “freelance” shop assistants through gig apps to staff their stores during the busy festive period. The apps are being promoted by youth influencers with hundreds of thousands of TikTok followers.

Traditionally, shops have brought in agency workers, who are entitled to basic employment rights such as holiday pay, the national minimum wage and rest breaks, to cope with increased footfall in November and December. But some retailers are now hiring gig workers, who are not covered by most employment protections, as they are deemed in law to be their own boss.

“It would seem absurd to most people that someone can do a job like working in a shop and not be entitled to basic legal protections. There is a big question mark over the employment status of these supposed freelancers. said Tim Sharp, senior policy officer for employment rights at the Trades Union Congress (TUC).

“Bosses should never seek to deny people their employment rights and avoid their legal obligations by claiming someone is self-employed when they are not,” said a spokesperson for the Department for Business and Trade. “If they do, workers can take them to an employment tribunal where they may be made to pay significant compensation.