Employment ruling: Uber loses and workers win
1st March 2021 by Robin Watson
The Supreme Court has ruled that Uber drivers are not self-employed and are workers. This means that they are entitled to receive basic employment rights such as minimum wage; holiday pay; pension and other important protective rights.
There were many factors taken into account by the court, but Uber was not able to successfully argue that the drivers were not employed. It is striking that the court restated what is has said before about written agreements, that simply trying to use contractual terms to state whether an individual is employed or not will not work. The court and employment tribunal will always look at the reality of the relationship.
The case has taken many years to be heard and it is likely that many workers will question their own circumstances and rely on the Uber case. Uber now faces having to a potentially huge pay-out to the successful drivers for back pay.
“The ‘Gig Economy’ has been running faster than the courts can keep up with, but this case evens up the playing-field” says Robin Watson, Employment Law Partner at Laceys solicitors.
“This is a huge victory for workers and a huge threat to businesses that rely on non-traditional ways to engage people. These businesses must act now to comply with the ruling, or face claims” added Robin.
Business owners and individuals concerned about how the case impacts on them are encouraged to contact Robin Watson in confidence on 01202 755204 or email email@example.com