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Uber drivers are workers

22 February 2021
Issue: 4781 / Categories: Tax cases
Uber BV and others v Aslam and others, Supreme Court, 19 February 2021

The Supreme Court has ruled that Uber drivers are workers and are entitled to worker’s rights including holiday pay and national minimum wage supporting the earlier decision from the employment tribunal.

Uber argued that drivers were independent contractors who worked under contracts made with customers and did not work for Uber.

The Supreme Court disagreed. There was no written contract between the drivers and Uber London so the nature of their legal relationship had to be inferred from the parties’ conduct. The correct inference was that Uber London contracted with passengers and engaged drivers to carry out bookings for it. The purpose of the relevant employment legislation was to protect individuals’ pay and working conditions. It precluded employers from contracting out of these protections.

After examining the findings made by the employment tribunal the Supreme Court concluded the transportation service performed by drivers and offered to passengers through the Uber...

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