UK gig economy awaits Uber workers rights verdict

In a UK Supreme Court verdict next Friday, that will affect the growing UK “gig economy” as a whole, Uber will find out whether it has to treat its drivers like staff employees rather than self-employed contractors.

A group of Uber drivers claimed employment rights at an employment tribunal in 2016 and won.

Following a preliminary hearing, the employment tribunal found that the drivers were workers and that they were “working" whenever they (a) had the Uber app switched on, (b) were within the territory in which they were authorised to work, and (c) were able and willing to accept assignments.

Uber then appealed the tribunal verdict and lost, and then lost again after bringing a case to the Court of Appeal.

After that the company brought an appeal to the UK's highest court - the Supreme Court - which will rule on the drivers' claims for a fourth time on 19 February, following hearings that started last year.

The drivers contend that they were "workers" for the purposes of the Employment Rights Act 1996, the National Minimum Wage Act 1998 and the Working Time Regulations 1998.

As such, they claim they were entitled to the minimum wage, paid leave and other legal protections.

Uber argues they were independent, third party contractors and not "workers".

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