​Legal Blog

Carol Shaw
Director, Head of Employment Law
01295 204140
cshaw@se-law.co.uk

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.

338 comments

Leave a comment
  1. akram khatri | Nov 19, 2018
    Acknowledges for paper such a beneficial composition, I stumbled beside your blog besides decipher a limited announce. I want your technique of inscription... Prijs airco
  2. Umair | Nov 19, 2018
    wow this saintly however ,I love your enter plus nice pics might be part personss negative love being defrent mind total poeple , Premies warmtepomp
  3. muneeb | Nov 18, 2018
    I propose merely very good along with reputable data, consequently visualize it: Prijs airco
  4. as | Nov 18, 2018
    it was a wonderful chance to visit this kind of site and I am happy to know. thank you so much for giving us a chance to have this opportunity..horse riding lessons london
  5. Umair | Nov 18, 2018
    This content is simply exciting and creative. I have been deciding on a institutional move and this has helped me with one aspect. Blog Comments
  6. as | Nov 18, 2018
    Only aspire to mention ones content can be as incredible. This clarity with your post is superb and that i may think you’re a guru for this issue. High-quality along with your concur permit me to to seize your current give to keep modified by using approaching blog post. Thanks a lot hundreds of along with you should go on the pleasurable get the job done.shutters east london
  7. jojojani | Nov 18, 2018
    You will be assessed on the phone by a triage professional, and you may be offered an emergency slot at a clinic, but this may not be local to you and may not be on the same day. emergency dentist north london
  8. akram khatri | Nov 18, 2018
    Actually I read it yesterday but I had some thoughts about it and today I wanted to read it again because it is very well written. Airco prijzen
  9. muneeb | Nov 18, 2018
    Welcome to the party of my life      here you will learn everything about me. tongue brush alternatives
  10. jojojani | Nov 18, 2018
    I needed to leave a little remark to help you and wish you a decent continuation. Wishing you the good luck for all your blogging endeavors.  sony pictures
  11. jojojani | Nov 18, 2018
    I was extremely satisfied to discover this site.I needed to thank you for this incredible read!! I certainly getting a charge out of each and every piece of it and I have you bookmarked to look at new stuff you post.  Bonkio
  12. jojojani | Nov 18, 2018
    I needed to leave a little remark to help you and wish you a decent continuation. Wishing you the good luck for all your blogging endeavors.  intraday stock future tips
  13. Relationship Coach | Nov 17, 2018
    It is imperative that we read blog post very carefully. I am already done it and find that this post is really amazing.  Relationship Coach
  14. Merck SEO | Nov 17, 2018
    AgentBinary.com Merupakan Payment Agent Resmi yang Melayani Deposit Withdraw Binary.com. Menyediakan 2 Opsi Rate transaksi Jual Beli saldo Binary untuk All Member dan Khusus Under Afiliasi. Changer Binary
  15. muneeb | Nov 17, 2018
    At this point you'll find out what is important, it all gives a url to the appealing page: Loft Conversions London
  16. Umair | Nov 17, 2018
    This is very significant, and yet necessary towards just click this unique backlink: Opbrengst zonnepanelen
  17. akram khatri | Nov 17, 2018
    wow this saintly however ,I love your enter plus nice pics might be part personss negative love being defrent mind total poeple , Warmtepomp verwarming
  18. Oanhtt | Nov 16, 2018
    One thing I want to talk to you is thank you. Your posts help me open my mind. I find them very interesting. They ease me in the hard time. Thanks for sharing your articles.currency converter online currency converter free
  19. Rodolfo | Nov 16, 2018
    Nike Vapormax Flyknit
    Pandora CZ Charms
    Adidas Stan Smith
    Adidas Superstar
    Pandora
    Mens Nike Shoes
    Fitflop Shoes
    Ralph Lauren UK
    Nike Outlet
    Nike Outlet Online
    Pandora Outlet
    Pandora Ring
    Moncler Outlet Store
    Nike Clearance
    Pandora Jewelry
    Jordans Sneakers
    Kate Spade Handbags
    Goyard Handbags On Sale
    Christian Louboutin Outlet
    Balenciaga Shoes
    Christian Louboutin Shoes
    Air Jordan Sneakers
    Nike Shox
    Balenciaga Sneakers
    Nike Outlet
    Nike Epic React
    ECCO
    Off White Nike Presto
    Air Force One Shoes
    Air Jordan 11
    Christian Louboutin Shoes
    ECCO Shoes
    Fjallraven Kanken Backpack
    Adidas UK
    Balenciaga
    Pandora Bracelets
    Yeezy Boost 350
    Pandora Jewelry
    Jordan 10
    NMD R1
    Nike Sneakers
    Birkin Bag
    Ferragamo Shoes
    Jordan 14
    Pandora Charms
    Ed Hardy Jeans
    Red Bottom Shoes
    Curry 5
    Pandora
    Kate Spade Outlet Online
    Adidas NMD R1
    Triple S Balenciaga
    Air Max 270
    Moncler Jacket
    Yeezys
    Nike Kyrie 4
    Womens Nike Shoes
    Pandora Bracelets
    Superstars Adidas
    Pandora Jewelry
    Retro Jordans
    Kate Spade Outlet Online
    Birkenstock Outlet
    Christian Louboutin Shoes
    Moncler
    Fitflop
    Red Bottoms Louboutin
    Christian Louboutin Outlet
    Christian Louboutin Shoes
    Pandora Bracelet
    Timberland Outlet Store
    Air Max 270
    Ferragamo Outlet
    Pandora Jewelry
    Pandora Charms Outlet
    Nike Air Max
    Nike Air Max 270
    MBT Shoes Clearance Outlet
    Moncler Outlet Online
    Pandora
    Jordan 11 Win Like 96
    Bottega Veneta Handbags
    Jordan 11 Low
    Kate Spade
    New Jordans 2019
    Birkenstock Sandals
    Air Max Plus
    Nike Store
    Pandora Jewelry
    Skechers
    Goyard Handbags
    Pandora Jewelry
    Yeezy 750
    Pandora
    Moncler
    Nike Outlet
    NMD
    Pandora Charms
    Pandora Jewelry Official Site
    Jordan Retro 11
    Isabel Marant
    Air Jordan Shoes
    Jordan 12
    Nike Roshe
    Pandora Jewelry Outlet
    Nike Air Max 98
    Nike Roshe One
    Vans Sneakers
    Fitflop Sale Clearance
    Nike Clearance Store
    Yeezy
    Pandora Jewelry
    Jordan 8
    NMD XR1
    Pandora Jewelry
    Pandora Charms
    Pandora Charms Outlet
    Pandora Jewelry Official Site
    Nike Factory
    Nike Air Max
    Birkenstock Outlet
    Fjallraven Kanken
    Bottega Veneta Handbags
    Nike Outlet Store Online
    Pandora
    Valentino
    Pandora Charms Jewelry
    Pandora
    Longchamp Outlet Online
    Pandora Charms
    Nike Vapormax Plus
    Basketball Shoes
    Fitflop Sandals
    Pandora
    Human Races Shoes
    Birkenstock Sandals
    Jordan Shoes For Men
    Moncler Jacket
    Jordan Shoes For Women
    Pandora Bracelet
    Valentino Shoes
    Ferragamo Belt
    Yeezy 700
    Yeezy
    Jordan 4
    Fitflop Shoes
    Pandora Jewelry Official Site
    Birkenstocks
    Burberry Handbags Outlet
    Pandora Jewelry Official Site
    Adidas Yeezy
    Pandora Charms
    Nike Air Force
    Nike Shoes
    Air Max 270
    Pandora Disney Charms
    Kyrie Irving Shoes
    Fitflops Sale Clearance
    Jordan Shoes
    Adidas Yeezy
    Kate Spade Handbags
    Jordan Retro
    Nike Vapormax
    Air Jordans
    Pandora Charms
    Louboutin shoes
    Jordan 9
    Pandora Charms Outlet
  20. akram khatri | Nov 15, 2018
    I am always searching online for storys that can accommodate me. There is obviously a multiple to understand about this. I feel you made few salubrious points in Attributes moreover. Detain busy, awesome career! Zonne energie
  21. Adil khatri | Nov 15, 2018
    I'm awed, I should state. Once in a while do I go over a blog that is both enlightening and drawing in, and stunning, you ve hit the nail on the head. Your blog is basic.. voyance sans attente
  22. muneeb | Nov 15, 2018
    This is helpful, nonetheless it can be crucial so that you can check out the following website: Aluminium ramen
  23. Adil khatri | Nov 15, 2018
    I need to seek destinations with important data on given point and give them to educator our feeling and the article.  Best hiking shoes for Women
  24. Chelsea | Nov 15, 2018
    Stafford school tower loan cash advance direct lenders online require payments to start on the sixth month after a student’s graduation which is the grace period. Auto tower loan installment loans online direct lenders only for students can also be acquired at a reasonable rate by making a huge down payment as the lenders will then be convinced that since the student has already parted with a huge chunk of money from their end they will think twice before defaulting on the loan. If you are not a veteran and want to buy a home in a rural community, the USDA may be the right tower loan direct lending payday loans for you. Secondly as mentioned above the sum that available is superior and the refund period is very big so people who are looking for bigger tower loan £50 loan no credit check direct lender for a longer period of time than they first alternative is secured loan. So, whenever you are in need of urgent cash and save hard-earned money then you should prefer these tower loan short term loans no credit check direct lender. These types of tower loan short payday loans no credit check are more difficult to arrange these days if you are not a homeowner with equity in your property, unless you apply for a guarantor loan. You can pay off the tower loan loan online direct lender amount with the flexible repayment terms of the loan and rebuild your economic well being.
  25. akram khatri | Nov 15, 2018
    Find the best essays on     is my friend's profile page. Rendement zonnepanelen
  26. Adil khatri | Nov 15, 2018
    I needed to leave a little remark to help you and wish you a decent continuation. Wishing you the good luck for all your blogging endeavors.  Klicka vidare till sidan
  27. akram khatri | Nov 14, 2018
    Such sites are important because they provide a large dose of useful information ...  Airco installatie
  28. ashly doll | Nov 14, 2018
    I use basically superior fabrics : you will discover these products by: Zonnepanelen installateur
  29. akram khatri | Nov 14, 2018
    This content is simply exciting and creative. I have been deciding on a institutional move and this has helped me with one aspect. Beste zonnepanelen
  30. muneeb | Nov 14, 2018
    Profit primarily prime quality items -- you can understand them all within: Airco
  31. ashly doll | Nov 13, 2018
    There is so much in this article that I would never have thought of on my own. Your content gives readers things to think about in an interesting way. Zonnepanelen installateur
  32. muneeb | Nov 13, 2018
    Find the best essays on     is my friend's profile page. nifty option tips
  33. Merck SEO | Nov 13, 2018
    I no doubt valuing every single piece of it. It is an unfathomable site and not too bad grant. I have to thankful. Awesome work! All of you complete a mind blowing blog, and have some unprecedented substance. Continue doing wonderful.  CBD merchant account processor
  34. akram khatri | Nov 13, 2018
    I like to recommend exclusively fine plus efficient information and facts, hence notice it: Airco installatie
  35. Adil khatri | Nov 13, 2018
    I needed to leave a little remark to help you and wish you a decent continuation. Wishing you the good luck for all your blogging endeavors.  voyance gratuite par telephone numero non surtaxe
  36. Adil khatri | Nov 13, 2018
    I needed to leave a little remark to help you and wish you a decent continuation. Wishing you the good luck for all your blogging endeavors.  Klicka vidare till sidan
  37. Adil khatri | Nov 12, 2018
    Vindt u de prijs van energie te hoog? Met groene energie bespaart u op uw energierekening. Ontdek de energiebesparende tips van zonne-energie specialist Soloya Zonne-energie
  38. BRAVO | Nov 12, 2018
    Below you will understand what is important, the idea provides one of the links with an exciting site: Zonnepanelen plaatsen
  39. Adil khatri | Nov 12, 2018
    Op zoek naar meer info over de prijs van een bepaald type warmtepomp. De richtprijzen van warmtepompen variëren sterk naargelang het type. Soloya heeft de beste prijzen voor warmtepompen. Warmtepomp prijs
  40. Adil khatri | Nov 12, 2018
    Prijs zonnepanelen of zonnepaneel installatie weten? De zonnepanelen van Soloya zonnepanelen verdient u terug in 8 jaar. Vraag bij ons een offerte aan voor de beste zonnepanelen prijs! Zonnepanelen prijs
  41. jack Robert | Nov 11, 2018
    De tussenschakel bij uitstek over airco en airconditioning voor particulieren en bedrijven op zoek naar een vlotte connectie met verschillende airco installateurs in 2018? Airco-airconditioning.be! Airconditioning
  42. BRAVO | Nov 11, 2018
    At this point you'll find out what is important, it all gives a url to the appealing page: Chape
  43. Rashid Ghori | Nov 11, 2018
    I invite you to the page where you can read       with interesting information on similar topics. Zonnepanelen Antwerpen
  44. jack Robert | Nov 11, 2018
    Super site! I am Loving it!! Will return once more, Im taking your sustenance in addition, Thanks.  San Jose Office Movers
  45. BURRI60 | Nov 10, 2018
    I read this article. I think You put a great deal of exertion to make this article. I like your work. Airconditioning
  46. burri60 | Nov 10, 2018
    Listed here you'll learn it is important, them offers the link in an helpful webpage:Warmtepomp werking
  47. jack Robert | Nov 10, 2018
    Een warmtepomp vormt een voordelig en duurzaam alternatief voor de traditionele centrale verwarming. Wilt u ook energiezuinig en ecologisch verwarmen met een lucht/lucht, lucht/water of hybride warmtepomp? Vertrouw dan op warmtepomp installateur Soloya voor een correcte uitvoering van alle soorten warmtepompen Warmtepomp
  48. jack Robert | Nov 10, 2018
    Wordpress webdesign of Wordpress website laten bouwen? Als Wordpress webdsigner bouwen we dagelijks websites met maatwerk. Ook voor het perfectioneren van bestaande websites en webshops kunt u rekenen op nr. 1 webdesigner voor Wordpress webdesign! Webdesign
  49. burri60 | Nov 10, 2018
    Welcome to the party of my life      here you will learn everything about me.Zonnepanelen installateur
  50. jack Robert | Nov 10, 2018
    Warmtepompen vormen een voordelig en duurzaam alternatief voor de klassieke centrale verwarming. Wilt u ook energiezuinig en ecologisch verwarmen met een lucht/lucht, lucht/water of hybride warmtepomp? Reken dan op warmtepomp installateur Soloya voor een correcte uitvoering van alle soorten warmtepompen. Warmtepompen

    Leave a comment

    Legal Blog Filter

    select

    select

    Contact us

    Social Media twitter red Follow us @se_law