An Employment Tribunal has today found that Uber drivers fall within the definition of ‘worker’ under the Employment Rights Act 1996.
This means they will be entitled to the following employment rights:
- 5.6 weeks’ paid annual leave each year
- a maximum 48 hour average working week, and rest breaks
- the national minimum wage (and the national living wage)
- protection afforded by whistleblowing legislation.
If they had been defined as ‘employees’ and not ‘workers’ they would also have been entitled to:
- bring claims for unfair dismissal
- receive a statutory redundancy payment
- the benefit of the implied term of trust and confidence
- the protection of TUPE, which would occur if Uber sold the business
This is because employees are granted more employment law rights than workers.
Uber had previously categorised their drivers as self employed contractors and this decision will not only affect Uber but also other companies who operate a similar business model. It is therefore likely that the decision will be appealed.