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ARTICLE · 15 NOVEMBER 2017

A Victory For Uber Drivers - EAT Agrees That They Are Workers

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Last year, two Uber drivers brought, and won, a test case in the Employment Tribunal, claiming that they were workers and therefore entitled to holiday and national minimum wage.

United KingdomEmployment and HR

Uber has lost its appeal against last year's Employment Tribunal decision that its drivers are workers.

What did the EAT decide?

Last year, two Uber drivers brought, and won, a test case in the Employment Tribunal, claiming that they were workers and therefore entitled to holiday and national minimum wage.

Uber appealed and the Employment Appeal Tribunal (EAT) today upheld the Tribunal's decision. The EAT agreed with the Tribunal that the complex contractual documentation describing the drivers as self-employed did not reflect reality so the Tribunal was entitled to look beyond it at what actually happened in practice. The level of control exercised by Uber meant that drivers were workers, and not self-employed.

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