Today, the Employment Appeal Tribunal held that Uber has lost its appeal against last year’s Employment Tribunal decision which held that their drivers qualify as workers rather than being self-employed.
At first instance the Employment Tribunal stated that “the notion that Uber in London is a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our mind faintly ridiculous”.
Uber submitted that their drivers do not work for the company but that they are self-employed users to the ‘platform’ that Uber provides and that the decision of the Employment Tribunal at first instance could deprive Uber drivers of the “flexibility they value”.
The Employment Appeal Tribunal’s decision today means that Uber drivers remain entitled to workers’ rights including the national minimum wage, statutory minimum level of paid holiday and statutory levels of rest breaks.
More to follow once the written judgment has been released.
In the event you need advice on this point please contact Max Winthrop or David Gibson of our employment team on 0191 232 0283.