Last October the Employment Tribunal ruled that Uber drivers were workers and were entitled to certain rights, such as holiday and sick pay. Uber were eager to prove that they were self employed and therefore went on to appeal the decision. Today the Employment Appeal Tribunal (EAT) upheld the decision and agreed that Uber drivers were workers.
The EAT upheld the decision based primarily on the fact that when the drivers had the Uber app switched on, they had to accept at least 80% of the trip requests that were sent to them and if they cancelled a trip once it had been accepted they would be fined. Being under this level of direction and control was found to be inconsistent with Uber’s argument that drivers were in total charge of how they worked and when they worked (which is one of the main characteristics of someone who is self employed).
Uber is likely to appeal this decision once again, but we will keep you updated as things develop.
Moral of the story: if you are not sure of the employment status of someone in your business, contact Your HR Lawyer.
0115 870 0150 or email email@example.com