The Supreme Court has today provided its decision in the momentous case involving Uber drivers and their employment status. They have confirmed the position of the lower courts that Uber drivers should be classed as workers, rather than self-employed.
This will means that the drivers are entitled to the national minimum wage based on their full working day plus 5.6 weeks annual leave per year along with some other additional rights. The decision entitles the drivers to make potentially sizeable claims for back pay in the employment tribunal or county court. The decision could have a wide ranging impact on the millions of people working in the gig economy and follows a string of high profile cases on the subject.
In the judgment, the court highlighted again that employment tribunals should look beyond the documentation between the parties and consider in detail the nature of their relationship in practice when determining employment status, serving as a timely reminder to employers not to rely solely on written agreements when concluding whether an individual is an employee or worker or genuinely self-employed.
The employment team regularly advise clients on employment status, with a recent focus on the upcoming IR35 regime and it’s impact on self-employed contractors operating through intermediary companies. If you require any advice in relation to these matters, or any other employment issues, then please do not hesitate to get in touch with the team anytime with any questions.