Uber loses in the Supreme Court - What can we learn about employment law?

By DRN Solicitors

15 Mar 2021

shutterstock_454783138-edit-1.jpg

The ongoing case of Uber vs. Aslam has recently come to a close in the Supreme Court. Following an initial employment tribunal in 2016 involving two former Uber drivers, which saw the judge rule that those who work for Uber are considered ‘workers’, not ‘self-employed subcontractors’, the case was moved to appeal by Uber in 2017, and later addressed in the High Court in 2018. 

With the ruling remaining in all three tribunals, Uber made a last attempt to have it overruled by escalating the appeal to the Supreme Court - the highest court in the British legal system. 

It has recently been announced that the Supreme Court found the original ruling to stand - Uber drivers are indeed, in the eyes of the law, workers, deeming them so from the moment they log into the app and make themselves available for work in the area, to the moment they log out of the app at the end of their working day, effectively signing off. 

As a result of this ruling, Uber drivers are entitled to claim national minimum wage, including back pay, and this is based on the full working day, not just for the instances they were transporting a passenger. 

Drivers are entitled to claim up to two years’ back pay, or £25,000 - whichever is the larger amount, and may do so by seeking an employment tribunal. For claims exceeding this amount, for up to six years’ back pay, drivers may address their claim in the County Court. 

In addition, as workers, drivers will also be able to claim 5.6 weeks of paid annual leave every year, and will have whistleblowing and similar employment rights. This judgement, however, does not entitle drivers to full ‘employee’ rights, such as the right to redundancy payment, or the right to claim unfair dismissal. 

What does the Uber case teach us about Employment Law? 

This latest ruling could change the gig economy moving forward, and it could directly impact your own business if you regularly work with self-employed subcontractors or casual workers. 

As such, it’s important to get to grips with the key differences between an employee, a worker, and a self-employed person. 

What are the differences between an employee, a worker, and a self-employed person? Whilst there are a number of similarities between these roles, there are also a number of key differences which you need to be aware of. 

Employees: 

Have an employment contract  Are provided with regular work  Are obliged to carry out the work they are contracted to do 

Employment rights for employees include: 

Being given written terms which outline the rights and responsibilities associated with the role  Being paid national minimum wage  Being given payslips with each pay  Being protected against unlawful discrimination in the workplace, whistleblowing, and unfair treatment (whether they are full-time or part-time)  Receiving sick pay, holiday pay, and paid parental leave  Being able to claim redundancy payment and unfair dismissal (after two years of service) 

Workers: 

Have a contract for their services  Have no obligation to complete a set amount of work (for example, in zero-hour contracts), but should complete the work they have agreed to do 

Employment rights for workers include: 

Being given written terms which outline the rights and responsibilities associated with the role  Being paid national minimum wage  Being given payslips with each pay  Being protected against unlawful discrimination in the workplace, whistleblowing, and unfair treatment 

A person will be considered as self-employed if they: 

Are responsible for managing how and when they work  Are a freelancer, or the owner of a company  Send invoices to receive their pay  Get contracts to provide services to clients  Are able to send someone else to do the work for them  Are able to work for a range of different clients and charge different fees  Do not receive holiday pay or paid sick leave 

Those who are self-employed do have fewer employment rights, however some basic entitlements are: 

Protection for their health and safety whilst on a client’s premises  Protection against discrimination 

Employment Law involves constantly changing legislation, and as such can be difficult to follow and stay up to date with. 

At DRN, our expert solicitors offer a range of HR services as part of a comprehensive package, which can be tailored entirely to suit your needs, and the needs of your business. 

For more information, please get in touch with a member of our team on 01282 433241. 

Latest news

1

Fulfilmentcrowd makes double senior hires Katie Shepherd L And Rachel Miller R

Fulfilmentcrowd makes double senior hires

19 Apr 2024

2

Forbes makes Manchester move Forbes Manchester

Forbes makes Manchester move

15 Apr 2024

3

Blackpool approves plans for pair of apartment complexes New South Promenade Apartments Visuals

Blackpool approves plans for pair of apartment complexes

12 Apr 2024

4

Distinguished engineer takes senior role at Lancaster University Rebecca Lingwood

Distinguished engineer takes senior role at Lancaster University

11 Apr 2024

5

International building supplies firm to open new plant in Preston New Kerakoll Group Premises Visuals

International building supplies firm to open new plant in Preston

11 Apr 2024

Hwc 2024 Email Signature 980x120
Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Health and Wellbeing Conference 2024
Hwc 2024 Social Media 1200px 1
Networking
23 Apr 2024

Health and Wellbeing Conference 2024

Crow Wood Hotel, Burnley , BB12 0RT

08:30 - 13:00

Help to Grow Management Course
HTG2.png.png
LBV Hub Seminars
15 Apr 2024 - 17 Jul 2024

Help to Grow Management Course

Preston Campus , Preston , PR1 2HE

09:30 - 14:00

Business Networking in Preston- BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
19 Apr 2024

Business Networking in Preston- BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

The Pro Club
Untitled design (6).png.png
LBV Hub Networking
19 Apr 2024

The Pro Club

Fraser House, Lancaster, LA1 4XQ

09:30 - 12:30

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
19 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

St Catherine’s Corporate Skydive
Corporate SkyDive.jpg.jpg
LBV Hub Fundraisers
21 Apr 2024

St Catherine’s Corporate Skydive

Black Knights Parachute Centre, Lancaster, LA2 0YD

12:00 - 16:30

Emergency First Aid at Work
Chamber Logo1.png.png
LBV Hub Seminars
23 Apr 2024

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
23 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

HR Complete Training Programme: Equality and Diversity
Picture1.png.png
LBV Hub Webinar
23 Apr 2024

HR Complete Training Programme: Equality and Diversity

Online (Zoom)

09:30 - 11:00

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
23 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Your Business Bootcamp Bitesize: "Roger That… The Importance of Asking Twice"
CBP-logo LBV.png.png
LBV Hub Webinar
24 Apr 2024 - 24 Apr 2024

Your Business Bootcamp Bitesize: "Roger That… The Importance of Asking Twice"

Online, Online, Online

08:00 - 09:30

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
24 Apr 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv115 Online Graphic
Subscribe now

Weekly news bulletin