On 21st-22nd July the Uber workers’ rights case heads to the supreme court – but what does this mean for your claim? Here, Nigel MacKay, a partner in the employment team, explains what going to the supreme court means.
Workers are entitled to certain employment rights, including: being paid at least the National Minimum Wage, protection against unlawful deductions from wages, paid holiday and protection against unlawful discrimination.
Currently Uber does not provide drivers with the rights normally given to workers, instead claiming drivers are ‘partners’.
Uber drivers, represented by Leigh Day, argue that, based on the way the company operates such as the amount of control it exerts over drivers and the ratings system is uses to assess performance, drivers should be given workers’ rights.
In October 2016, the Employment Tribunal ruled that Uber drivers are workers and entitled to workers’ rights.
The ruling was upheld by the Employment Appeal Tribunal in November 2017 and the Court of Appeal in December 2018.
The Supreme Court is the final court of appeal in the UK for civil cases. It hears cases of the greatest public or constitutional importance affecting the whole population.
The Supreme Court’s decision to hear the latest appeal is Uber’s final chance to argue that the claimants are not workers.
If the drivers succeed at the Supreme Court, the case will then return to the Employment Tribunal which will decide how much compensation drivers are entitled to.
Holiday pay: To calculate this, the Tribunal will need to know how long you have worked for Uber and how much you earned during that time. It will then work out how much paid holiday you should have received over that period.
National Minimum Wage: the Tribunal will also need to work out if you were paid at least the National Minimum Wage during each week that you worked for Uber. This will depend on how much you earned on a weekly basis and how much you spent on expenses relating to your work – such as petrol and vehicle costs.
You can follow the hearing live on the Supreme Court website. If you have driven for Uber within the last 10 weeks, you are eligible to join the claim and could receive up to £12,000 in compensation. Click here to apply.