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The Independent Automotive Aftermarket Federation

The Uber Tribunal Decision

Date: Wednesday 02 November 2016

As you may have heard, an Employment Tribunal has ruled that two drivers who provide services to Uber are 'workers' within the meaning of the Employment ,Rights Act 1996.

This means they will be entitled to a limited number of employment rights (but not those accruing to 'employees' - which this case was not about).  ,Amongst ,other rights, they will be entitled to:

&bull, 6 weeks' paid annual leave each year,

&bull, a maximum 48 hour average working week, and rest breaks,

&bull, the national minimum wage (and the national living wage),

&bull, protection of the whistle blowing legislation.

However, as they are not employees, they will not:

&bull, Be able to claim unfair dismissal,

&bull, Have the right to a statutory redundancy payment,

&bull, Benefit from the implied term of trust and confidence,

&bull, Be protected by TUPE, if Uber sells its business.

Employers should be aware that:

&bull, Although this decision is only based on Uber's business model, it increases the chance of other 'gig economy' companies facing claims that their ,contractors' have worker status,

&bull, This tribunal decision is very likely to be appealed, potentially to the Supreme Court.