Uber drivers defined as workers

In the recent case regarding the Uber drivers, the drivers were claiming that they were workers and not self-employed when providing services.  The drivers brought an employment claim in the employment tribunal.  An Employment Tribunal has ruled that two drivers who provide services to gig economy stalwart Uber are 'workers' within the meaning of the Employment Rights Act 1996.

This means as workers they will be entitled to a limited number of employment rights.  They were claiming that they were workers and not employees which is different as employees have more employment law rights.  Amongst other rights, they will be 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.

 As they are not employees, they will not be 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 have people working in your company on self-employed and want to check that they are not workers, please contact us to discuss on 01245 261883