An Uber Decision On Workers' Rights

The London Employment Tribunal ruled that Uber drivers are 'workers' within the meaning of the Employment Rights Act 1996 and are therefore entitled to be paid the National Minimum Wage.

This is a very important decision for any person who works in this type of job, whether or not any contract specifies that you are self-employed. Following this decision, your status as self-employed can be challenged.

Workers receive a number of employment rights.  Amongst other rights, they are entitled to:

• 5.6 weeks' paid annual leave each year
• a maximum 48 hour average working week, and rest breaks
• the national minimum wage (and the national living wage)
• protection of the whistleblowing legislation.

Workers are not entitled to:

• the ability to claim unfair dismissal
• the right to a statutory redundancy payment
• the benefit of the implied term of trust and confidence
• the protection of TUPE, if Uber sells its business

If you are an Uber driver or hold a similar job and you are unsure of any of this, we recommend that you take legal advice now. Call us on 01202 512227.