Search

How can we help?

Icon

Will Uber work in the area again?

The Employment Appeal Tribunal (EAT) has today upheld the ET decision that when the Uber drivers were in the work area, available for work and with Uber app switched on, they were workers with rights to national minimum wage, sick pay and holiday pay.

Today’s decision is not a surprise, given the employment tribunal findings that the actual working arrangements were inconsistent with the written contracts and inconsistent with the drivers being in business on their own account. It is also in keeping with the general trend of recent cases on employment status and government positioning.

Uber’s challenge to the ET finding that it was not acting as agent between the drivers and passengers also failed. The EAT found that during gaps when the drivers did not have the app switched on, they were not workers for Uber but that this was not “fatal to their status as ‘workers’ when they did”.

Uber also argued that the arrangements suggesting worker status were only in place because the regulatory framework for private hire licensing required it. The EAT rejected this because the framework did not require Uber to carry out the “interview and induction process (onboarding) it chose to operate”.

Uber’s challenge to the ET finding that it was not acting as agent between the drivers and passengers also failed.

Uber is expected to appeal again to the Court of Appeal or Supreme Court because of the scale of their prospective liability to their 40,000 plus drivers.

Contrary to Uber’s public statement statements, worker status is flexible for the business engaging the services because there is no ongoing obligation to provide work. Today’s decision does not extend full employee status, which would confer entitlement to redundancy payments or to claim unfair dismissal to those with 2 years’ continuous employment. That is likely to be the next frontier for test cases.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our websit

About this article

Read, listen and watch our latest insights

art
  • 18 June 2025
  • Employment

Pride Month: How Can You Celebrate as an Employer

The UK held its first Pride Parade in 1972, inspired by events held in major American cities following the Stonewall rebellion in New York in June 1969.

Pub
  • 16 June 2025
  • Privacy and Data Protection

WhatsApp in the workplace: Is it legally safe?

In this podcast, Lucy White and Monica Mastropasqua, members of the Data Protection team at Clarkslegal, will address frequently asked questions from clients regarding the use of WhatsApp at work.

art
  • 13 June 2025
  • Employment

Human Resources – A Shift Towards artificial intelligence?

On 6 May 2025, the SRA authorised the first law firm providing legal services through artificial intelligence. Garfield.Law will provide an AI-powered tool which can assist businesses with the small claims court process, to aid in recovering unpaid debts.

art
  • 11 June 2025
  • Employment

Employment Contracts and Specific Performance

‘Specific performance’ is a type of equitable remedy available, in some circumstances, and at the court’s discretion, for breach of contract; it entails an order by the court which legally compels a party to a contract to fulfil its contractual obligations.

art
  • 10 June 2025
  • Commercial Real Estate

Taking a commercial lease: The main points to negotiate when agreeing the Heads of Terms

What are the key areas tenants may want to pay particular attention to when agreeing to the Heads of Terms (HoTs).

art
  • 09 June 2025
  • Employment

Clarkslegal representing UK employers at the International Labour Conference

I am writing this from Geneva, where I once again have the honour of attending the International Labour Organisation’s International Labour Conference.