The Supreme Court has handed down its decision in Uber v Aslam – a long running case concerning employment status. Unsurprisingly, the Court has concluded (in the same vein as lower court decisions) that Uber drivers are workers and not self-employed.
This means that Uber drivers are entitled to claim:
- Minimum wage (including backpay for minimum wage);
- Potentially up to two years’ backpay (or more);
- 5.6 weeks’ paid annual leave each year; and
- They will have whistleblowing and similar rights.
This judgment does not give them ‘employee’ rights, such as the right to a redundancy payment or to claim unfair dismissal.
However, this case is a reminder to employers to carefully consider the relationship it has with its staff and the ramifications for incorrectly identifying those who are genuinely self-employed versus those who are workers/employees.
See below for our previous blogs concerning this case:
https://esphr.co.uk/news/uber-drivers-are-uber-workers
https://esphr.co.uk/news/uber-drivers-are-workers-confirms-the-eat
https://esphr.co.uk/news/the-uber-decision-what-does-it-mean-and-why-is-it-so-important-
https://esphr.co.uk/news/after-uber-and-deliveroo-what-does-worker-status-actually-mean-