Uber v Aslam and others, has been through the Employment Tribunal, the Employment Appeal Tribunal, the Court of Appeal and now the Supreme Court.
Uber drivers claimed that they were workers for purposes of the Employment Rights Act 1996 however, Uber argued that the drivers were self-employed contractors and not workers.
At every stage of the process, the judgement was found in favour of the drivers and Uber appealed.
In summary, this means that Uber drivers are entitled to claim minimum wage (including back pay for minimum wage), and these claims will be based upon their whole working day and not just when they have a passenger. In an employment tribunal, up to two years’ backpay or £25,000 (whichever is the larger) can be claimed and in the county court, up to six years’ backpay can be claimed. Uber drivers can also claim 5.6 weeks’ paid annual leave each year. This outcome does not however give them such things as the right to a redundancy payment or to claim unfair dismissal like employees.
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