Are Uber drivers self-employed or Workers/employee of Uber

In Blog by AAH

The Supreme Court was asked two questions in this appeal from the Court of Appeal, which had rules in favour of the Uber drivers.
1. Where the Uber drivers defined as workers in providing personal service to the Uber company and
2. If they were workers what was the period that would be deemed to be working time for the purpose of calculating hours of service
In regards to both questions, the Supreme Court found in favour of the drivers.
That is that Uber drivers are employees for the purpose of UK legislation and that their working time starts from the moment they open the app on their Smart phone. This decision entitles all those employed now and in the past by Uber to present a claim for back pay, sick pay for the time they worked and holiday for the time they worked for Uber.
The court agreed with the lower court that a working day starts the moment a driver logs on to Uber App and ends when he logs off.
Example;
Back pay;
Uber worker is entitled to claim back pay based on hourly minimum wage for the area for the time he was employed by them. for example if the driver in the year had been on the app for six hours a day he would be entitled to 6 hours a day for each day he worked at minimum range available to his part of the country.
Holiday pay
If a driver had worked for Uber for a year, he would be entitled to 4 weeks of holiday pay and if for a longer period on a pro rata basis.
Way forward for would be claimants;
Uber are likely to face substantial claim from those who have been in their employment for a back pay, holiday pay and other awards that an employee is entitled to under the employment legislation.
The Supreme Court here simply decided on the two questions sited above. The amount of awards for each of the claimant in all likelihood be negotiated between the successful workers and Uber’s legal representatives. Therefore, if you are or were Uber driver you may have a claim for back and holiday pay.
It is important for you to register your claim with us. The amount of damages that you are entitled to will be determined once the damages have been agreed by the successful parties in these claims as they will be used as precedents for all claims that will follow.
If you have any question, relation to this please contact me on 07812151658