The Court of Appeal has dismissed an appeal by Uber against an Employment Tribunal ruling that its Uber drivers are ‘workers’ and therefore entitled to be paid at least the National Minimum Wage and receive paid holiday. Uber argued that it was merely an agent connecting drivers to their passengers and drivers were independent contractors rather than ‘workers’. The Court of Appeal’s judgment dismissed Uber’s argument that it is an agent and agreed with the Employment Tribunal that Uber runs a transportation business of which the drivers are skilled workers. 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 Uber, and therefore that Uber is not simply an intermediary.
Thomas Linden QC represented the drivers and was instructed by Leigh Day. To read Leigh Day’s press release in full, please see here.