Uber drivers are classed as ‘workers’ rather than self-employed contractors
An Employment Tribunal (ET) has held today that drivers for Uber, the cab-hailing firm, are ‘workers’ within the meaning of the Employment Rights Act 1996.
The drivers are engaged as self-employed contractors, meaning that they are not entitled to basic employment rights.
The ET decided that Uber was acting unlawfully in engaging them as self-employed contractors, and as such the drivers will be entitled to basic employment rights such as holiday pay, rest breaks, the National Minimum Wage (and the National Living Wage) and protection of whistleblowing legislation.
Uber submitted that its drivers are able to choose where and when they drive and therefore should be deemed to be self-employed contractors. Uber has indicated that it will appeal the decision.
This case highlights the importance of correctly assessing the status of self-employed contractors.
If you require any further information in relation to this case, or have any other employment law queries, please contact:
Partner and Head of Employment
T. 020 7227 7410
This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.