The Supreme Court has handed down its decision in Uber v Aslam, reaching the same conclusion as lower courts that Uber drivers are ‘workers’. What are the implications of this long-running case that has proceeded through the lower courts to the highest court in the land?

  1. It reinforces existing case-law on the issue of employment status that
     a tribunal should examine the reality of the relationship between the parties, rather than being bound by the documents.

  2. The drivers are ‘workers’ from the moment they switch on their apps, and are available for work in their area, to the time when they switch their apps off at the end of the day.

This now means that Uber drivers are entitled to claim minimum wage (including backpay for minimum wage), with up to two years’ backpay. 

This decision continues to provide ‘food for thought’ for organisations, similar to Uber, seeking to rely upon documentation rather than the dynamics of the employment relationship. No doubt case law in this area will continue to develop and grow. 

The contents of this article do not constitute legal advice and are provided for general information purposes only.

The contents of this post do not constitute legal advice and are provided for general information purposes only ■