Employment Status & IR35 expert Re Legal Consulting Ltd
Columnist
Share this content
he buttons of the taxi App Uber, surrounded by WhatsApp, Facebook, Snapchat and other apps on the screen of an iPhone.
istock_Uber-app_stockcam

Uber: Wider implications of Supreme Court judgment

by

The Uber ruling at the Supreme Court has been heralded as a ground-breaking case which will have far-reaching effects on the gig economy and wider employment status. Rebecca Seeley Harris looks at whether this is actually the case.

25th Feb 2021
Employment Status & IR35 expert Re Legal Consulting Ltd
Columnist
Share this content

On 19 January 2021, the Supreme Court published its judgment in Uber BV v. Aslam and others [2021] UKSC 5

Central question

This appeal addressed whether an employment tribunal was entitled to find that the drivers, whose work is arranged through Uber’s smartphone application (the Uber app), work for Uber under workers’ contracts.  If they did, they would qualify for the national minimum wage, paid annual leave and other workers rights. 

Uber contended that the drivers did not have these rights because they work for themselves as independent contractors, performing services under contracts made with passengers through Uber as their booking agent.

Secondary question

The court also examined whether the employment tribunal was entitled to find that the drivers who brought the claims were working under such contracts whenever logged into the Uber app, within the relevant territory, and were ready and willing to accept trips. Or were they, as Uber contended, only working when driving passengers to their destinations.

Register for free to continue reading

It’s 100% free and provides unlimited access to the latest accounting news, advice and insight every day. As well as access to this exclusive article, you can:

View all AccountingWEB content
Comment on articles
Watch our digital shows and more

Access content now

Already have an account?

Replies (2)

Please login or register to join the discussion.

avatar
By johnjenkins
26th Feb 2021 09:57

What a load of codswallop (not the article the decision). Thanks EU for making a "worker". In real life there is no such thing. You are either employed or self-employed. It is high time the Government got to grips with employment status and got rid of this "worker" nonsense. Oops they can't because it's something we have taken on when we left the EU. This is just one of the reasons many voted to leave the EU. Lord Frost you need to start getting all these little anomalies sorted.

Thanks (0)
avatar
By johnjenkins
26th Feb 2021 09:58

I do know that the supreme court had no other choice in making their decision.

Thanks (0)