Court of Appeal rules that Uber drivers are classed as ‘workers’


Re: Uber BV & Ors v Aslam & Ors [2018] EWCA Civ 2748

In a matter to establish the preliminary issue of whether the respondents, drivers for Uber, are ‘workers’ under the Employment Rights Act 1996 and the Working Time Regulations 1998, the Court of Appeal upheld the decisions of the Employment Tribunal and Employment Appeal Tribunal. By a majority, the Court of Appeal therefore held that the respondents are ‘workers’, and as such must be treated as workers by Uber for the calculation of holiday pay due and the national minimum wage. This was because the Court considered that, in looking at the practical relationships, it is clear that Uber contracts with the passengers to provide driving services, which the drivers perform for it, and therefore that Uber is not simply an intermediary.

As such, subject to appeal, the case will now go back to the Employment Tribunal for the claims themselves to be heard, though the Court of Appeal has granted Uber leave to appeal to the Supreme Court.

Thomas Linden QC was involved in this case.