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Employment Appeal Tribunal Holds that Uber Drivers are “Workers”

Nov 13, 2017
It is a case that caused great discussion and debate in recent times - are drivers who work for the company Uber, classified as “workers”? 

Last week (Friday 10th November), the London Employment Appeal Tribunal ruled that the drivers are indeed “workers”, confirming a decision made at the original Employment Tribunal Hearing in October 2016. 

As a worker, Uber drivers are therefore entitled to basic rights, which include 5.6 weeks of paid annual leave a year and a maximum 48 hour average working week. 

When detailing the reasons for her judgement, Judge Eady, stated that the relationship between Uber and its drivers were essentially one of a worker/employer. The fact that drivers were obliged to accept up to 80% of the trips sent to them was indicative of this and qualified as a contractual relationship between the two parties. 

It is highly likely that Uber will seek to appeal this decision once again, with the possibility that they will go straight to the Supreme Court with their appeal. 

Gary Smith

About the author

Gary Smith

Gary joined Nockolds in 2007 and is a Partner in our Employment Law Team. Before joining the firm Gary studied law at the University of Kent. ...

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