Alan McCormack | Senior Associate

Uber loses Supreme Court battle – Uber drivers are workers

This morning’s ruling from the Supreme Court in the case of Uber v Aslam unanimously rejects Uber’s appeal against earlier decisions that its drivers should be treated as workers and not self-employed contractors.

This is a landmark decision and puts all debates over this employment status argument to bed.

The main implications of this ruling are that:-

  1. The drivers are ‘workers’ from the moment they turn on their apps and available for work, until they turn it off at the end of their shift or for a break;
  2. Documentation between the parties cannot bind the parties and a Tribunal must look at the reality of the relationship between the parties, to see whether in fact the arrangement points towards worker status as opposed to self-employment;
  3. Uber drivers are entitled to worker rights including receiving National Minimum Wage (including backpay) based on the duration of time they have been available for work (and not just having passengers) and holiday pay of 5.6 weeks’ each year.
Alan McCormack

Alan McCormack

Employment Law Team

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