A few weeks ago, I wrote about the claims brought by drivers who provided services to gig economy success Uber. They were seeking to be classified as ‘workers’ within the meaning of the Employment Rights Act 1996.
Today, an Employment Tribunal has ruled that 2 Uber drivers are indeed ‘workers’ within the meaning of the Employment Rights Act 1996.
What does this mean in practice?
As ‘workers’, they are entitled to a limited number of employment related rights such as:
- minimum statutory annual leave (5.6 weeks’ paid annual leave)
- to be paid the national minimum wage
- protection under Working Time Regulations (e.g. working a maximum of 48 hours average per week)
Having the status of ‘workers’ does not however give them the same status as an ’employee’. They will therefore not be entitled to employment rights such as:
- statutory redundancy
- right to claim unfair/constructive dismissal
- protection under TUPE
It will be unsurprising if Uber do not appeal this decision.
This is unlikely to be my last post on this case!
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