What are the HR implications now that the taxi firm Uber has lost an appeal at the Employment Appeal Tribunal against a ruling that its drivers should be treated as workers rather than self-employed.

Last year a tribunal ruled drivers James Farrar and Yaseen Aslam were Uber staff and entitled to holiday pay, paid rest breaks and the minimum wage under the current HR legislation.

Uber appealed, arguing its drivers were self-employed and were under no obligation to use its booking app.

Today, the Employment Appeal Tribunal upheld the Employment Tribunal’s original decision that any Uber driver who has the Uber app switched on was working for the company under a “worker” contract.

As a worker they are entitled to the following benefits:

Uber will no doubt appeal and possibly will join with Pimlico Plumbers who have a similar case coming in front of the Supreme Court in the first half of 2018 This Employment Appeal Tribunal’s ruling is consistent with every other ‘gig’ economy finding so far.

It has HR implications for anyone employing, so called “subcontractors”. If you need help in establishing worker status or any other HR issue, please contact me on 0203 640 7748 or via this link >>>