Most of you will recall that in August 2016 we reported on the first instance decision where Uber drivers were held to be workers as opposed to being self-employed. If you missed the article, which broke down in layman’s terms the categories of employees, works and self-employed, you will be able to read it here.
Uber appealed and here at SCE we have been eagerly awaiting the EAT decision, it came in early last week, and confirmed the employment tribunal decision.
While the employment rights granted to drivers is limited to holiday pay (5.6 weeks paid leave), National Minimum Wage (NMW) and a maximum of a 48-hour working week for businesses that aren’t expecting, or haven’t budgeted for, this cost can be substantial.
Uber intends to appeal the decision and the appeal is likely to be heard with the Pimlico case therefore we hope that there will be a final position in relation to the status of workers by February 2018!
If you run a ‘gig-economy’ type business you will have to be careful to ensure that your contractors aren’t deemed to be workers and therefore entitled to holiday pay, NMW and restricted to working a 48-hour working week.
If you are unsure of the employment status of any individual working for you, please contact me on 0113 350 4030 or at firstname.lastname@example.org.
SCE Solicitors is a boutique employment law practice based in Leeds which advises clients nationwide. Please note that the information in this blog is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with SCE Solicitors or other professional counsel before acting on the information contained here.