Are Uber drivers self-employed or Workers/employee of Uber ?
The Supreme Court was asked two questions in this appeal from the Court of Appeal, which had rules in favor of the Uber drivers.
- Where the Uber drivers defined as workers in providing personal service to the Uber company and
2. If they were workers what was the period that would be deemed to be working time for the purpose of calculating hours of service
In regards to both questions, the Supreme Court found in favour of the drivers. That is that Uber drivers are workers for the purpose of UK legislation and that their working time starts from the moment they open the app on their Smartphone
This decision entitles all those drivers working for Uber and those who have worked for them in the past to present a claim for back pay for the time they worked, a holiday pay for the time they worked, and sick pay to Uber. The Supreme Court agreed with the lower courts that a working day starts the moment a driver logs on to Uber App and ends when he logs off.
Uber worker is entitled to claim back pay based on hourly minimum wage for the area for the time he was employed by them. for example if the driver in the year had been on the app for six hours a day he would be entitled to 6 hours a day for each day he worked at the minimum wage available to his/her part of the country.
If a driver had worked for Uber for a year, he would be entitled to 4 weeks of holiday pay and if for a longer period on a pro rata basis.
The same principle applies for sick pay if the driver had taken time off for illness.
Way forward for would-be claimants;
Uber is likely to face a substantial claim from those who have been in their employment for back pay, holiday pay, and other awards that an employee is entitled to under the employment legislation.
The Supreme Court here simply decided on the two questions cited above. The amount of awards for each of the claimant in all likelihood be negotiated between the successful workers and Uber’s legal representatives. Therefore, if you are or were an Uber driver you may have a claim for back and holiday pay.
It is important for you to register your claim with us. The amount of damages that you are entitled to will be determined once the damages have been agreed upon by the successful parties in these claims as they will be used as precedents for all claims that will follow.
If you have any question, relation to this please contact me on 07812151658