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

Pub
  • 21 November 2023
  • Privacy and Data Protection

Privacy matters: How the 8 data subject rights protect personal data

In this guide we explore the 8 data subject rights under the UK GDPR and discover how they play a vital role in preserving your organisation’s privacy standards in an increasingly interconnected world.

Pub
  • 21 November 2023
  • Privacy and Data Protection

Overview of Data Subject Access Requests

In recent months, we have witnessed a series of high-profile data breaches that have brought data protection issues to the forefront of the public’s mind and with this comes an increase in Data Subject Access Requests (DSARs).

art
  • 17 November 2023
  • Corporate and M&A

Should AI delete humans out of the legal sphere?

AI could potentially streamline routine legal tasks. However, there are consequences to consider when it comes to AI in the legal sphere.

art
  • 17 November 2023
  • Immigration

Controversial Immigration Health Surcharge Fee Increase and Budgetary Concerns

The proposed increase to the IHS has raised concerns, especially among businesses who financially support their sponsored workers’ visa applications.

Pub
  • 16 November 2023
  • Employment

TUPE Podcast Series: Service Provision Changes – Single specific events or tasks of short duration

In this fourth podcast in our TUPE Podcast Series, Amanda Glover will be looking at the second of the three conditions required for a service provision change transfer..

art
  • 16 November 2023
  • Commercial Real Estate

Navigating Telecom agreements: landlords beware

A telecommunications agreement, or wayleave agreement, is a contract between a service provider and a landowner which allows the service operator access to install infrastructure on the privately owned land, in return for wayleave fees.