Are Uber drivers workers?
According to the Court of Appeal, yes. In the latest development in the “worker status” cases, the majority of the Court of Appeal held that Uber… Read more
According to the Court of Appeal, yes.
In the latest development in the “worker status” cases, the majority of the Court of Appeal held that Uber drivers are workers, upholding the decision of the Employment Appeal Tribunal.
Uber had argued that it merely acts as an intermediary between the drivers and the passengers, providing booking and payment services, while the drivers act as independent contractors.
The drivers argued that Uber had a contractual relationship with the passengers to provide driving services, and the drivers were merely performing those services for Uber.
Although the written contract between the drivers and Uber reflected Uber’s position that it acts as an intermediary, the majority of the Court found that the contract did not reflect the practical reality of the relationship and could therefore be disregarded.
Uber has been given permission to appeal to the Supreme Court.
Comment: This case confirms the position set out by the Employment Appeal Tribunal, and acts as a reminder that the courts are willing to look beyond contracts made between a company and its contractors to understand how the relationship between the parties works in reality.
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Sinead Noonan
is a employment associate
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