19 February 2021
Author: Drivers Claim Team
Today the Supreme Court ruled that Uber drivers are entitled to workers’ rights, but what does this mean for your claim? Here, Nigel Mackay, a partner in the employment team, explains the next steps.
A lot has happened since the Supreme Court heard Uber’s appeal against the judgment that Uber drivers are entitled to workers’ rights, but finally six months later we’ve got the result we’ve been hoping for.
As the Supreme Court is the final court of appeal in the UK, this was Uber’s last chance to argue that the drivers bringing claims were not workers.
What happens next?
The case will now return to the Employment Tribunal which will address the issue of how much compensation drivers are entitled to.
Depending on individual circumstances, your claim could date back to when you first became an Uber driver, which means the amount each driver receives would be different.
Compensation will be based on two factors; how much holiday pay drivers should have received and compensation for Uber’s failure to pay the National Minimum Wage.
To calculate holiday pay, 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.
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.
We will calculate your compensation using documents such as your weekly summaries, payment statements, tax returns/accounts, bank statements or receipts.
When will compensation be awarded?
It is difficult to predict how long it will take for the compensation to be awarded, as it depends on how quickly the Tribunal can deal with the next steps. We will be asking for compensation to be determined as soon as possible.
Can I still join the claim?
Yes. It is important to note that only drivers who have brought successful claims will be legally entitled to compensation.
You can join the claim by completing our simple two minute sign process here
Last updated 22 February 2021 by the Drivers Claim Team