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ARTICLE · 14 NOVEMBER 2016

Game Changer? UK Tribunal Rules Uber Drivers Are Workers

Workers are entitled to fewer benefits than employees, but have certain minimum protections, unlike the self-employed.

United KingdomEmployment and HR

On October 28, the Central London Employment Tribunal held that Uber drivers are not self-employed. As a result, the drivers are entitled to certain “worker” benefits, including paid holidays and a minimum wage. Under the law in England and Wales, “workers” occupy a middle ground between employees and the self-employed, with employees entitled to additional benefits such as severance in a reduction-in-force also known as redundancy pay (Scotland’s system differs). Workers are entitled to fewer benefits than employees, but have certain minimum protections, unlike the self-employed.  

In disputing the drivers’ claims, Uber insisted it is a technology company providing a service (a mobile telephone application) that simply provides a way for self-employed drivers to connect with potential paying customers. In support of its argument, Uber claimed the self-employed drivers are able to work where, when, and how often they choose. The Tribunal rather forcefully rejected this

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