​Legal Blog

Carol Shaw
Director, Head of Employment Law
01295 204140

Uber petitions a ‘leapfrog’ appeal to the Supreme Court

by Carol Shaw | Nov 30, 2017 |
Man driving a car

Uber petitions a ‘leapfrog’ appeal to the Supreme Court over the EAT’s decision to uphold an Employment Tribunal’s decision that Uber drivers are ‘workers’.

What is a worker?

The term ‘worker’ is broad in the sense that it encompasses those who are ‘employees’ and individuals who work under a contract  to do or perform work or services for another party but not as client or customer for that party.

Workers’ rights

‘Employees’ are afforded a raft of employment rights that other ‘workers’ are not entitled to, for instance the right to a statutory redundancy payment or the right not to be unfairly dismissed.

However, the law recognises that there are fundamental rights that all ‘workers’ should be entitled to despite not having the status of ‘employee’, for instance the right to the national minimum wage and holiday pay.

Why did the Uber drivers issue proceedings?

The drivers issued proceedings against Uber claiming that they were not self-employed but were in fact ‘workers’ and as a result were entitled to workers’ rights.

Uber’s position was that drivers were not workers but were in fact self-employed and working in business on their own. Uber argued that it was nothing more than a “supplier of transportation services” which allowed drivers to pick-up passengers; Uber tried to rely on carefully worded contracts that referred to the drivers as self-employed.

What did the EAT conclude

The EAT upheld the Employment Tribunal’s judgment that the drivers were ‘workers’.

Why did the EAT consider the drivers to be workers.

In coming to its decision, the EAT took into consideration various factors in upholding that the drivers were workers, for instance, the fact that the drivers were required to accept at least 80% of trips offered to retain their account status and that there was no question of drivers being able to substitute their work to anyone else.

What appears to have been a particular sticking point for Uber is that the EAT agreed with the ET that the carefully drafted documentation upon which Uber relied to show the drivers were self-employed did not correspond with the practical reality of the situation.

The EAT rejected any suggestion that Uber was working for the drivers in being a “supplier of transportation services” and said that the only sensible interpretation was that the relationship was in fact the other way around ie the drivers were working for Uber.

The EAT noted that in a normal commercial environment the starting point will be the written contractual documentation, however, in this case, it noted that the ET had considered the contractual documentation should not be the end point and that it was required to consider the statutory provisions enacted to protect those who are often disadvantaged in any contractual bargain.

On the one hand, it is re-assuring to workers that this decision provides a clear warning to anyone who tries to mask behind carefully worded contracts which seek to undermine workers’ rights: the Tribunals will see past this and look at the true reality of the situation.

On the other, with the ever increasing ‘gig economy’ (of which it is estimated there are 5 million people working in this capacity in the UK) and the abolition of Tribunal fees in July 2017, will we see ‘gig economy workers’ trying to manipulate the system in the hope  of enforcing workers’ rights such as holiday pay? A recent ECJ case says that where a worker has not been allowed paid holiday, claims can be backdated to the commencement of the 1998 Working Time Regulations.

*Disclaimer: While everything has been done to ensure the accuracy of the contents of this article, it is a general guide only. It is not comprehensive and does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.


Leave a comment
  1. Ghaziabad Escorts | Sep 21, 2018

    Ghaziabad escorts services is offered at an affordable price. We Provide Independent escorts call girl in Ghaziabad working 24/7. Now you just Visit my website.

    Ghaziabad escorts service , Ghaziabad escorts , Ghaziabad escorts service , Ghaziabad escorts , Ghaziabad escorts service , Ghaziabad escorts , Ghaziabad escorts service , Ghaziabad escorts

  2. e zigarette | Sep 18, 2018
    Very Informative and useful... Keep it up the great work.e zigarette
  3. Tim Cole | Sep 17, 2018
    Friend, this web site might be fabolous, i just like it.DETECTIVES PRIVADOS MADRID
  4. Dustin R. Reed | Sep 17, 2018
    i love reading this article so beautiful!!great job!DETECTIVES PRIVADOS MADRID
  5. Whatsapp Group Link | Sep 17, 2018
    I read your blog post completely and found very useful information, its remarkable blog post.Whatsapp Group Link
  6. Tim Cole | Sep 14, 2018
    ESR (Eric Schekler Réalisations) est une agence de communication globale, notre agence de propose une diversité de services professionnels allant de la conception de sites internet à la création graphique, conception d'identité visuelle, création de logos, plaquette commerciale, référencement SEO, marquage vehicule, marquage publicitaire, signaléique, Imprimerie, impression numérique, reprographie, e-mailing , Voir nos réalisations.
  7. Elephant jungle sanctuary | Sep 11, 2018
    Easily, the article is actually the best topic on this registry related issue. I fit in with your conclusions and will eagerly look forward to your next updates. Just saying thanks will not just be sufficient, for the fantasti c lucidity in your writing. I will instantly grab your rss feed to stay informed of any updates. Elephant jungle sanctuary
  8. jomtien beach condominium | Sep 11, 2018
    I read your blog post completely and found very useful information, its remarkable blog post.jomtien beach condominium
  9. Meghna Kaur | Sep 11, 2018
  10. Mediterranean Diet | Sep 09, 2018
    I definitely enjoying every little bit of it and I have you bookmarked to check out new stuff you post.Mediterranean Diet
  11. Jaundice | Sep 09, 2018
    First You got a great blog .I will be interested in more similar topics. i see you got really very useful topics, i will be always checking your blog thanks.Jaundice
  12. Vitamin B6 Deficiency | Sep 09, 2018
    Three are usually cheap Ralph Lauren available for sale each and every time you wish to buy.Vitamin B6 Deficiency
  13. Remedies for Gout | Sep 09, 2018
    Nice blog. Found this while searching throughRemedies for Gout
  14. Type 2 Diabetes Diet | Sep 09, 2018
    wow, great, I was wondering how to cure acne naturally. and found your site by google, learned a lot, now i’m a bit clear. I’ve bookmark your site and also add rss. keep us updated.Type 2 Diabetes Diet
  15. Narcolepsy | Sep 09, 2018
    Excellent effort to make this blog more wonderful and attractive.Narcolepsy
  16. Vegan Diet | Sep 09, 2018
    I like viewing web sites which comprehend the price of delivering the excellent useful resource free of charge. I truly adored reading your posting. Thank you!Vegan Diet
  17. Paleo Diet | Sep 09, 2018
    Your topic is very great and useful for us…thank you Paleo Diet
  18. Petra Junker | Sep 08, 2018
    Thanks for taking the time to discuss this, I feel strongly that love and read more on this topic. If possible, such as gain knowledge, would you mind updating your blog with additional information? It is very useful for me.AGENCIA DETECTIVES MADRID
  19. Raelyn | Sep 07, 2018
    And on that situation private lenders made people fool by charging heavy fees against the weekend direct online cash loan amount, as well as their repayment methods are anti-social moreover they con people on the name of the securities against their credibility to repay the amount. You can find yourself with a weekend direct lending payday loans no credit check with low monthly payments, but lasting 20 years or more. Getting a weekend online loans direct lender only has become easy with the creation of the internet and other fleet modes of application. The first type of weekend direct cash loans online is what they called the secured loan which is said to be the perfect loan for those people badcredit that need to get a loan a large amount of cash. There is the lack of a collateral, it is best to go for an unsecured used car weekend online payday direct lender, repay the installments on time and stake you claim that they can better loans in future which includes a highly improved financial record. When a mortgage or weekend direct lender payday loan online ranks lower in priority, the cost to the customer in terms of the rate of interest will except in times of wildly fluctuating interest rates be larger. Sometimes, rejected individuals look for best personal weekend payday loan lenders no credit check no faxing where the requirements needed by the financing company are less stringent, in the hopes that they can secure a loan without having to provide any form of security. This bad credit weekend payday loans from lenders option is different from a co-sign loan because the student is not accountable for repayment of the student loan. As strange as it may sound, one of the best ways to recover your credit is to request a small personal weekend direct lenders only no credit check and repay it. The process of applying for this weekend payday loans no brokers direct lenders is quite simple just you have fill a online application form in any lender’s website and fill your details, make sure all your details are correct and up to mark if lender find anything wrong he won’t approve your loan.
  20. sonal verma | Sep 07, 2018
  21. rimsha | Aug 31, 2018
    And last, but definitely not least, students learn that the African-American was running around naked in Africa, and that he was a slave, whom enjoyed the toils of his labor; he, in turn, creates the "all-time favorite-Negro spiritual", but accepts his place of servility willingly. term paper writing services in uk
  22. Kristin Frei | Aug 27, 2018
    Superbly written article, if only all bloggers offered the same content as you math assignment helpers, the internet would be a far better place..
  23. Simran | Aug 20, 2018
  24. Canon printer support number | Aug 16, 2018
  25. Simone Maurer | Aug 15, 2018
    I am happy to find your distinguished way of writing the post. Now you make it easy for me to understand and implement the concept. Thank you for the post straight from the source.Interesting and amazing how your post is! It Is Useful and helpful for me That I like it very much, and I am looking forward to Hearing from your next..
  26. Avira Support Number | Aug 14, 2018
  27. Richard E. Bailey | Aug 13, 2018
    This is a great inspiring article.I am pretty much pleased with your good work.You put really very helpful information. Keep it up. Keep blogging. Looking to reading your next post.AGENCIA DETECTIVES MADRID
  28. Richard E. Bailey | Aug 13, 2018
    I am happy to find your distinguished way of writing the post. Now you make it easy for me to understand and implement the concept. Thank you for the post.DETECTIVES PRIVADOS MADRID
  29. RAUSHAN | Aug 13, 2018
    Discovery Hotels And Resort is one of the biggest trip adviser of India.Find,compare Best  Hotel Deals,Best Hotel Packages at one Click.
  30. Sonali Gupta | Aug 04, 2018
    It’s wonderful post, I was looking for it and now I found it here in simple ways that could be more helpful for me. Thanks for share this interesting post.South India Temple Tour
    Rameshwaram Tour Package
    pilgrimage tours in india
    South India Pilgrimage Tour Packages
    Ujjain Omkareshwar Tour
    Naimisharanya Tour Package
    Varanasi Gaya Tour Packages
  31. neha sharma | Aug 03, 2018
  32. Tarak | Aug 03, 2018

    your blog is very nice and impresseive.I have found here lots of interesting information for my knowledge I need.

    Best Hospital in Najafgarh
    Best Hospital in Uttam Nagar
    Best Hospital in Mohan Garden
    Best Hospital in Kiran Garden

  33. sillky | Jul 31, 2018
  34. robert | Jul 26, 2018
    This is really a nice and informative, containing all information and also has a great impact on the new technology. Thanks for sharing itghost producer cost
  35. robert | Jul 26, 2018
    This is really a nice and informative, containing all information and also has a great impact on the new technology. Thanks for sharing it,bandar togel online
  36. robert | Jul 26, 2018
    Excellent article. Very interesting to read. I really love to read such a nice article. Thanks! keep rocking.cycling
  37. robert | Jul 26, 2018
    Its a great pleasure reading your post.Its full of information I am looking for and I love to post a comment that "The content of your post is awesome" Great work. sell home by owner boston
  38. robert | Jul 26, 2018
    Thanks For sharing this Superb article.I use this Article to show my assignment in college.it is useful For me Great Work.for sale by owner Nashville
  39. Alina Ahuza | Jul 25, 2018
    Extremely amazing post. I read it entirely and going to impart it to my groups of friends. I making the most of your article and wanting to modify it all alone blog. Best Housewife escorts in Delhi
  40. Mohini sharma | Jul 25, 2018

    I really like your article your work. Mumbai Escorts  Mumbai Escorts  Bhopal Escorts  Gurgaon Escorts Hope to get some amazing posts like this in future also...

  41. Himanshi Giri | Jul 25, 2018
  42. Akansha Sharma | Jul 25, 2018
  43. TIYA | Jul 25, 2018
    Great article and learning for me! I found a considerable measure of data here! This article is great for all novice here. Much thanks to you for sharing Goa Call Girls
  44. JUHI | Jul 25, 2018
    Extraordinary post, I have seen incredible articulation in your written work. Being at the best for such a significant number of years isn't as easy to do as it looks.Dehradun Escorts
  45. Ritika | Jul 25, 2018
    Great article and learning for me! I found a considerable measure of data here! This article is great for all novice here. Much thanks to you for sharing Margao Escorts
  46. Nisha | Jul 25, 2018
    Decent post! This is an exceptionally decent blog that I will absolutely return to more circumstances this year! A debt of gratitude is in order for the enlightening post.Dehradun Escorts
  47. Nisha | Jul 25, 2018
    Decent post! This is an exceptionally decent blog that I will absolutely return to more circumstances this year! A debt of gratitude is in order for the enlightening post.Dehradun Escorts
  48. health care safes | Jul 24, 2018
  49. sneha gupta | Jul 24, 2018

    This is a splendid post and every one of the points of interest are awesome in this post, I am appreciative to you and expect a number of posts like these. Much thanks. Delhi Escorts Service Delhi Escort Call Girls in Delhi Delhi Call Girls Escorts Service in Delhi Delhi Escorts Escorts in Delhi Gurgaon Escorts

  50. Alina Ahuza | Jul 19, 2018
    Truly great post. I just discovered your blog and needed to state that I have truly appreciated perusing your blog entries. Anyway, I'll be buying into your feed and I trust you post again soon. Delhi Escorts   Escorts in Delhi   Delhi Call Girls   Delhi Escort   Delhi Escorts Agency   Delhi Escorts Service   Call Girls in Delhi   Escort Delhi   Delhi Call Girls Service   Delhi Call Girls Photos   Delhi Escorts Girls Pics   Sexy Call Girls Pics   Sexy Girls Photos   Sexy Call Girls Numbers   Escort Service in Delhi   Russian Call Girls Service in Delhi Delhi Sexy Housewife Escorts   Delhi Hot Call Girls   Delhi Housewife Escorts Service   Hot Model in Delhi   Escort Service in Delhi   Indian Escorts in Delhi   Call Girls Number   Delhi Escort Services   Escort Services in Delhi   Delhi College Call Girls   Delhi Russian Escorts Agency   Cheap Housewife Escort Delhi   Sexy Bhabhi Numbers   Nude Call girls pics   Delhi Call Girls Pics   Call Girls Service in Delhi   Indian Sexy Housewife   Call Girl in Delhi   Call Girls in Delhi NCR   Delhi NCR Escort Service   Delhi Hot Housewife   Delhi Sexy Bhabhi Numbers   VIP Escorts Services in Delhi   Best Escorts in Delhi   Sexy Housewife in Delhi   Escort Services Delhi   Sexy bhabhi in Delhi   Housewife Escorts in Delhi   Independent Escorts in Delhi   Independent Escort Girls in Delhi   New Delhi Escort Services   Escort Service in Five Start Hotel   Five Star Escort Service   Delhi Sexy Bhabhi   Escort Service in South Delhi   Delhi Sexy Models   Call Girls Number   Delhi Luxury Escorts   VIP Escorts in Delhi   Delhi VIP Escorts   Russian Escort Agency in Delhi   Sexy Housewife in Delhi NCR   Housewife Escorts in Delhi   Cheap Model Escorts in Delhi   Hot Model Escort in Delhi   Delhi Model Escort   Delhi High Class Escorts   Delhi Model Escort Service   Delhi High Class Escorts   Call Girls   

    Leave a comment

    Legal Blog Filter



    Contact us

    Social Media twitter red Follow us @se_law