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
01244 405575
You might also be interested in...
Villiers v Villiers (2018) EWCA Civ 1120
3rd July, 2020
Brief Background Mr & Mrs Villier married in 1995, and lived in Scotland together until separation in 2012. Once separated, the wife moved to England, but the husband remained living in Scotland. In July 2013 the wife issued a divorce petition in England, but in October 2014 the husband lodged a writ for divorce in Scotland. As the... Read More »
Why claiming inheritance tax relief is not simply horseplay
1st July, 2020
Agricultural property relief from Inheritance Tax has long been a valuable relief for estates, which when available can... Read More »
Governments Calls For Responsible Contractual Behaviour – What Does This Mean For You?
29th June, 2020
In May 2020 the UK Government released additional guidance in connection with the Covid-19 pandemic, this time in... Read More »