On 19 February 2021, the UK Supreme Court confirmed that a small group of drivers engaged by Uber had the status of workers as opposed to self-employed contractors in the landmark judgement of Uber BV v Aslam.
The Court held that these Uber drivers were to be classed as ‘workers’, meaning they are entitled to certain employment rights.
The key consideration in upholding this decision was the tight degree of control Uber exercised over these drivers, including (but not limited to) the extensive contractual terms and lack of freedom drivers had in declining rides.
This judgement means that Mr. Aslam and his colleagues are entitled to certain statutory rights as a result of their worker status such as the right to paid holiday under the Working Time Regulations as well as National Minimum Wage for the periods during which they were regarded as working for Uber.
The decision is a good indication that the status placed on individuals by companies does not always reflect their true employment status.
This decision serves as a reminder that a thorough assessment needs to be taken from the offset at the start of any relationship in order for individuals to receive adequate protection in receiving their relevant rights and on the flip side, mitigating potential costly claims against companies who have incorrectly labelled such individuals.
Further reading
Employment terms and conditions – Oakwood Solicitors
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