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Uber Drivers are ‘Workers’

Uber Drivers are ‘Workers’

Uber Drivers are ‘Workers’

Uber drivers are ‘workers’ as defined in the Employment Rights Act 1996.

In Uber and others v Aslam & others, the Supreme Court upheld the decision that Uber drivers are ‘workers’ as defined in the Employment Rights Act 1996.

This decision has a wide-reaching impact on the gig economy and employment status.

Workers vs Employees

Workers are not employees and do not attract the same employment rights as employees.

However, this decision does give ‘workers’ certain rights that the truly self-employed do not enjoy.

Workers are entitled to:

  • National Minimum Wage,
  • protection from unlawful deductions from wages,
  • as well as the right to paid holiday leave.

The Ruling

Under the ruling, the financial implications for a company the size of Uber will be substantial as all of its workers will be entitled to backdated holiday pay.

The Uber decision has already had an impact. In the recent case of Addison Lee v Lange the Court of Appeal has refused to allow Addison Lee to appeal the decision of the Employment Appeal Tribunal (EAT).

In making its determination, the EAT followed the decision in Uber that drivers for Addison Lee are also ‘workers’ that are under contract from the time that they are logged onto the app for Addison Lee and prepared to work.

Employment Law Services

Contact Annalie King

If you have any queries or need assistance with your employment contracts or any other employment issue please do not hesitate to contact our specialist employment solicitor Annalie King at [email protected] or telephone Ipswich 01473 213311 or Colchester 01206 584584.

Annalie King

Annalie King
Consultant Employment Law Solicitor

01473 407123
[email protected]

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