Motoring Discussion > Uber Drivers Are Not Self Employed Legal Questions
Thread Author: Duncan Replies: 11

 Uber Drivers Are Not Self Employed - Duncan
The UK Supreme Court has passed judgement that Uber drivers are not self employed, they are employees. Hmm.

www.bbc.co.uk/news/business-56123668

This will surely mean that the vast majority of workers in the gig economy will also be covered by this?
 Uber Drivers Are Not Self Employed - Zero
The vast majority of workers in the gig economy are not "self employed" but on zero hours contracts.

This may however effect those "employed" by pimlico plumbers
 Uber Drivers Are Not Self Employed - Bromptonaut
>> This may however effect those "employed" by pimlico plumbers

The Supreme Court has already dealt with that company:

www.supremecourt.uk/cases/docs/uksc-2017-0053-press-summary.pdf

Unanimous there as well.
Last edited by: Bromptonaut on Fri 19 Feb 21 at 14:00
 Uber Drivers Are Not Self Employed - Duncan
>> >> This may however effect those "employed" by pimlico plumbers
>>
>> The Supreme Court has already dealt with that company:
>>
>> www.supremecourt.uk/cases/docs/uksc-2017-0053-press-summary.pdf

What does that mean in plain English to the man on the Clapham omnibus?

Are they 'employees', or 'self-employed'?
 Uber Drivers Are Not Self Employed - Bromptonaut
>> What does that mean in plain English to the man on the Clapham omnibus?
>>
>> Are they 'employees', or 'self-employed'?

Neither, they're a worker:

www.gov.uk/employment-status/worker
 Uber Drivers Are Not Self Employed - No FM2R
What factors distinguish an employee from a worker, do you know?
 Uber Drivers Are Not Self Employed - Bromptonaut
>> What factors distinguish an employee from a worker, do you know?

I get the basics that it's a sort of halfway house. You get some employment rights like NLW, paid holidays and sick pay but not others particularly redundancy and some of the 'soft' stuff employees have a right to request (whatever that means).

If I advised in that area (I don't) I'd be looking it up.

Whether A slogging in a warehouse by the M1 is a worker or employee is fact dependent; it's not always black/white.
 Uber Drivers Are Not Self Employed - zippy
I of the mind that workers rights are an important aspect of modern life and this at a quick glance seems to be a positive outcome.

I suspect such companies will be less quick to hire or staff will be sacked on day 729.
 Uber Drivers Are Not Self Employed - Rudedog
It sounds like they are classed as ‘workers’ rather than ‘employees’, apparently there is a difference in the status hierarchy.

 Uber Drivers Are Not Self Employed - Rudedog
Drivers will be entitled to backdated minimum wage and holiday pay from Uber... I wonder how that's going to pan-out?
 Uber Drivers Are Not Self Employed - No FM2R
>>I wonder how that's going to pan-out?

It's difficult to see how any of it is going to pan out, but I'm sure it won't be the way the drivers expect or want.

It will only apply to a subset of drivers, I think that's pretty much sure though the percentage is unclear. So now Uber will be trying to work out how to reduce the size of that subset - in reality I am sure they already know exactly what they are going to do.

The key points were that Uber set the fare and the contract terms, controlled ride requests, set the required acceptance levels and monitored the performance system. Uber could shift much of that, perhaps all of it, onto the drivers and the customer. They could then charge the driver a subscription to the call handling system, insist they set their rates in the app, though not state what those rates should be, secure in the knowledge that if they tried to push the rate up they'd get no business.

The court also stated that the driver was a worked when he was logged onto the app, not just when he was carrying a customer. I imagine that would go away if Uber shifted management of the customer contract to the driver.

etc. etc.

If the drivers believe they are heading towards a warm and fuzzy position as employees with holiday pay and benefits then they are sadly mistaken and unforgivably naive.

And since an employment contract brings two-way responsibilities, I'm guessing a fair amount of drivers won't want the new relationship either.
 Uber Drivers Are Not Self Employed - Rudedog
There are now adverts on the radio for lawyers offering to pursue the claim saying the average payout could be as much as £12k per driver.

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