0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

an Uber important decision on employment status

31 October 2016

Uber drivers are 'workers' and not self-employed, according to the Employment Tribunals in a test case brought by two claimants. Uber’s arguments that the individuals were self-employed because they were never under any obligation to switch on the App or, even if logged on, to accept any driving assignment that may be offered to them, did not assist. The Tribunal found that any driver who had the App switched on and who was in the territory in which they were authorised to work was at that time a 'worker' engaged by Uber.

The implications of this decision for Uber are that their drivers are entitled to worker rights including paid annual leave, national minimum / living wage and rest breaks. Coincidentally an inquiry by a Commons Select Committee into the issues affecting workers, zero hour contracts and the self-employed was launched last week. Uber have confirmed they wish to appeal the decision, but it reminds businesses of the complexity of determining whether individuals engaged by them are self-employed and the risks attached of getting it wrong.

related opinions

Retail ATMs and business rates: clarity at last!

Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.

View blog

Employer obliged to pay settlement despite employees confidentiality breach

In Duchy Farm Kennels Ltd v Steels the employer was found not to have been relieved of its obligation to pay a settlement sum, despite the former employee having breached the confidentiality clause contained in the settlement agreement.

View blog

Furlough scheme extended to October

The Chancellor announced on Tuesday 12th May 2020 that the Coronavirus Job Retention Scheme (CJRS) is to be extended to the end of October.

View blog

Furlough and insolvency – are employees protected?

As more retailers and restauranteurs fall victim to insolvency, the Court of Appeal has confirmed that the contracts of employment of employees furloughed before a company is placed into administration will be treated as having been adopted by its administrators, therefore entitling the employees to “super-priority” status over other creditors.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up