You may have read by now that Uber have lost its appeal to the supreme court. The court found that its drivers are not subcontractors, but workers. In a 43 page judgement the court found against Uber by determining it is not what the written contract says but what is ‘the reality on the ground’ of the relationship between the staff and employers.

In this case the court found that Uber drivers relationship with Uber is really that of a worker not a subcontractor because of ‘the facts on the ground’ and also found they are working as soon as they switch on the app irrespective if they are actually driving or not.

By finding that they are workers they are now entitled to the working time regulations protection, minimum wage and holiday pay it is unclear how long they can backdate these claims. This finding will have a significant effect on Uber’s operations in the UK. As the court found the drivers are not employees they cannot claim for unfair dismissal and other employment rights.

This is a significant judgement for everyone who is using subcontractors.
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Michael Newman
Newman HR