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Kerry Eastman

HR Advisor - Uckfield

23rd February 2021

Uber loses UK Supreme Court Case: Worker Status

Uber, a well-known food delivery and taxi app, has lost its long-running legal battle (Uber BV and Others v Aslam and Others case) in the Supreme Court.  The global company, which was appealing against earlier decisions of the Employment Tribunal, the Employment Appeal Tribunal and the Court of Appeal, was seeking a ruling that its drivers are self-employed and not, therefore, entitled to any employment rights.

On Friday, 19 February 2021 however, the Supreme Court ruled that Uber drivers are, in fact, workers and not self-employed. The decision entitles Uber drivers to basic employment rights including the National Minimum Wage (including any backpay), holiday and holiday pay. ‘Worker’ status does not however, entitle them to rights such as redundancy pay or the right to claim unfair dismissal.

This decision may well open the floodgates in connection with ‘worker’ status claims and it is therefore vital that employers understand the differences between the three types of employment status (self-employed, worker and employed) and consider how staff are engaged.

Contact our Employment lawyers in Sussex and Kent

For more information on worker types and entitlements, contact Victoria Regan or Amy White in Rix & Kay’s Employment Team.

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