Are Ubers drivers considered to be workers?

urther to our previous articles on the Uber case (Aslam, Farrar & Others v Uber), the Court of Appeal has considered on appeal whether Uber drivers are workers (rather than self-employed) and entitled to basic employment rights. The judgment was published on 19 December 2018.

Background

With the growing number of varied working arrangements being used by employers, clarifying whether someone is a worker or not can often be difficult.

The term ‘worker’ encompasses employees and individuals without a contract of employment, who provide services to an employer personally and are economically dependent on the employer’s business. Determining whether an individual is a worker is crucial to establishing entitlement to the following rights:

  1. protection from unlawful deduction from wages;

  2. national Minimum Wage (NMW); and

  3. paid annual leave.

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