First Employment Law victory to the drivers in the ongoing Uber dispute
28th October, 2016
The Employment Tribunal has ruled this afternoon that two Uber drivers are ‘workers’ within the meaning of the Employment Rights Act 1996. Although this decision only relates to a preliminary issue in what is likely to be a long running case, its wider importance and implications should not be underestimated. Unless Uber are able to successfully appeal against this decision, all its drivers will now be entitled to the rights afforded to those with ‘worker status’ which include entitlement to:
- receive the national minimum wage;
- 5.6 weeks paid annual leave a year;
- and a maximum 48 hour week amongst other things
This is a significant victory as these drivers had previously been treated by Uber as self employed contractors and did not have the benefit of this protection.
This decision is likely to lead to more Tribunal claims from Uber drivers in the future who may seek to pursue claims for unlawful deductions from wages, whistleblowing and breach of the Working Time Regulations 1998. It will also be interesting to see whether this decision leads to more challenges to the employment status of ‘contractors’ in similar positions such as delivery drivers/cyclists, many of whom are currently classed as self employed.
The potential implications of this decision on Uber (and possibly other companies) means that it is very likely to be appealed but, for now, it appears it is the drivers who have won what is probably just the first of many upcoming legal battles.
If you would like further advice on this or any other aspect of employment law please contact:
Employment Law Partner
You might also be interested in...
18th July, 2018
Special Focus: Solicitors’ Professional Indemnity Insurance Run-off – it dominates the thoughts of sole practitioners and partners in smaller law firms in my experience and restricts the ambitions of firms. The SRA could help law firms by relaxing their rules on run-off cover on their Solicitors’ Professional Indemnity Insurance to help firms merge or close more easily. This would protect... Read More »
17th July, 2018
Helen Watson, Head of Employment Law at Aaron & Partners LLP, has taken up an invitation to become a Trustee of both the Trust Board and the Main Board Theatr Clwyd has bolstered its senior leadership team with the appointment of an experienced employment law solicitor to support its vision of being at the forefront of theatre making... Read More »
6th July, 2018
When a business invests in its community it deserves praise – but it must go beyond that, writes Helen Watson, a trustee at Claire House and partner at Aaron and Partners Solicitors. Corporate social responsibility (CSR) is the link between a company and the community in which it operates. As a trustee on charity boards including Claire House... Read More »