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The highly anticipated Supreme Court judgment in the case of Uber BV and others v Aslam and others has been released today with the Supreme Court ruling that Uber drivers are workers for the purposes of employment legislation.
The decision will have massive consequences for the thousands of Uber drivers who are currently registered, entitling them to be paid the national minimum wages and receive paid annual leave, rest breaks and other worker entitlements. The Supreme Court judgment also confirms that drivers time spent logged into the Uber app in the territory they are authorised to work and while ready and willing to accept trips also constitutes working time.
In reaching its unanimous decision, the Supreme Court considered the reality of the relationship between Uber and it’s drivers which included looking at how Uber controls various aspects of that relationship including, the delivery of the service, pay and contract terms.
This decision is seen as a victory for individuals in the gig economy and therefore Uber and other companies that operate based on a similar models will need to review their position and consider worker rights, while individuals will need to look at whether they too might be workers and any claims they might have for worker entitlements.