The Employment Appeal Tribunal have dismissed Uber’s appeal against the Employment Tribunal’s decision that its drivers are workers.
In Uber BV and ors v Aslam and ors, the Employment Appeal Tribunal agreed with the Employment Tribunal that Uber’s drivers are workers and as such are entitled to the protection of the National Minimum Wage Act and the Working Time Regulations.
Are You A Worker?
This is yet another significant ruling where the Employment Appeal Tribunal have found that people who were operating as self-employed, were in fact workers. The implications are huge and mean that those who are found to be workers, are entitled to benefits such as the national minimum wage, the right to claim discrimination and perhaps most importantly holiday pay.
Section 230 (3) of the Employment Rights Act provides a definition of a worker.
“In this Act “worker” (except in the phrases “shop worker” and “betting worker”) means an individual who has entered into or works under (or, where the employment has ceased, worked under)—
(a)a contract of employment, or
(b)any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual; and any reference to a worker’s contract shall be construed accordingly.
What Does All this Mean?
If you operate a business in the belief that your staff are self-employed, now is the time to arrange a review of your working practices to see if this is the reality of the situation. If it is not, and a claim is made against you, this could be very costly.
If you are working for a business as self-employed, but are required to work as and when needed, to give personal service and/or are under a degree of control in terms of leave, uniform or other policies and procedures, now is the time to review your employment status to see if you are in receipt of your legal entitlements (such as statutory holiday or the minimum wage).
For more information call LincsLaw Solicitors on 01522 440512 or visit our website at lincslaw.co.uk for more information.