Key points
- Uber placed significant controls on drivers so they are ‘workers’ not ‘self-employed’ despite contract terms.
- The intention of the Uber contracts was to avoid claims to ‘worker’ status by the drivers.
- Uber ‘workers’ now have limited employment rights but are not employees.
- Uber will not need to pay additional employment taxes place workers on a payroll and deduct PAYE or National Insurance contributions.
- Lord Leggatt reaffirmed the use of the approach taken in Autoclenz.
- The Employment Tribunal is to decide how much compensation drivers are entitled to.
In October 2016 Uber drivers James Farrar and Yaseen Aslam were selected as test claimants by the Employment Tribunal (ET) from a pool of around 1 000 claimants who brought claims against Uber under section 230(1) of the Employment Rights Act 1996 (ERA 1996) for:
1. the act of making unlawful deductions from wages (this...