Supreme Court rules that Uber drivers are workers

Uber BV and others v Aslam and others [2021] UKSC 5 SC



On 19 February 2021, the Supreme Court, agreeing with the employment tribunal and lower appeal courts, ruled that Uber drivers are workers and are entitled to receive the national minimum wage and paid annual leave.

This decision of the Supreme Court reasserts and makes clear that the focus in determining worker status is on the true nature of the relationship between the putative worker and the putative employer and in conducting that analysis the written terms of the contract are not the starting point.


What the judges will look at is the reality of the working arrangements (for instance degree of control exercised by the putative employer over the work or services performed by the individual concerned. The greater the extent of such control, the stronger the case for classifying the individual as a worker).


As a reminder, there are three categories for employment rights purposes : employees, workers and self-employed (cf. s.230 of the Employment Rights Act 1996).

For tax purposes there are only two categories: those who are employed or those who are self-employed.


You can find the decision of the Supreme Court by clicking on the link below:


https://www.supremecourt.uk/cases/docs/uksc-2019-0029-judgment.pdf






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