chester

Chester 01244 405 555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

shrewsbury

Shrewsbury 01743 443043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Greater Manchester 0333 241 6886

Kennedy House,
31 Stamford St,
Altrincham WA14 1ES

28th October, 2016

First Employment Law victory to the drivers in the ongoing Uber dispute


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:

Claire Brook

Employment Law Partner

01244 405575

[email protected]



Contact Us

You might also be interested in...

A Sponsor Licence and Skilled Workers: Employing overseas nationals

22nd November, 2022

With a growing labour shortage in the UK, it is becoming more prevalent for UK businesses to begin... Read More »

Health and Care Worker

Routes to the UK: The Health and Care Worker Visa

22nd November, 2022

It is well reported that the UK has been experiencing labour shortages in the health sector for a... Read More »

The World Cup 2022: HR and employment law issues employers may face

18th November, 2022

With the 2022 FIFA World Cup just around the corner, and a month of football ahead, our employment... Read More »

Contact Us