Today the Supreme Court passed its judgement on the long anticipated appeal from Uber in the legal battle to decide whether Uber drivers are workers rather than self-employed.
In the landmark case, Uber lost their appeal, with the Supreme Court unanimously ruling in agreement with the Employment Tribunal, the Employment Appeals Tribunal and the High Court who had previously heard this case. Uber drivers should therefore be treated as workers and should be classified as working from the moment they log on to the app to the moment they log off. This is the case regardless of whether or not the driver has passengers in the vehicle.
This now confirms drivers across the country will be entitled to minimum wage and holiday pay. Other competitors will also have to take note that their self-employed drivers may also be workers and change their policies accordingly.
The ruling is positive for drivers struggling to make ends meet and for congestion problems in larger cities, but it could see an end to the gig economy. If companies are now required to pay minimum wage even in waiting times for the next "gig" to come along, it may limit the number of potential opportunities for drivers. Similarly, it may limit the number of companies seeking to operate with self-employed workers, which again would limit opportunities for work.
On the other hand, this could be a positive thing as it means drivers will have less competition in areas and can take more fares, providing better job security and income for those in driver roles.
The full impact of this judgement is yet to be seen but it will be a key change in the gig economy demographic.
If you feel you have been wrongly classified as self-employed and should be entitled to minimum wage and holiday pay, please contact us our expert employment team today. Call 01603 693500 or email us using 'Make an enquiry' form on our website. We offer telephone and video appointments through various applications including FaceTime, WhatsApp and Zoom. Face-to-face meetings are available by appointment only at our Norwich, North Walsham and Sheringham offices.
*This article is provided for general information purposes only and does not constitute legal advice or other professional advice.
