Jurisdiction(s):
United Kingdom

Worker Status after Uber v Aslam: UK Supreme Court Clarifies Control, Working Time and Implications for Agencies, Substitution Clauses and IR35

Published on: 03 June 2021

Published by a LexisNexis Employment expert

Legal News

Article summary

The facts

Uber BV, a Netherlands-based entity, owns the technology that powers the Uber app. Uber London Ltd, its UK subsidiary, holds a licence to operate private hire vehicles in London. The claimants, Yaseen Aslam and James Farrar, were licensed London private hire drivers and sourced trips through the Uber app. At the tribunal hearing, it was estimated that about 40,000 Uber drivers were active across the UK, with roughly 30,000 working in the London area. Drivers have no written contract with Uber London Ltd; instead, they enter a written agreement with Uber BV to access the app, and passengers likewise accept Uber’s terms in order to use it. In long-running proceedings, the employment tribunal, the EAT, the Court of Appeal and the Supreme Court grappled with two identical issues. First, were drivers obtaining bookings via the app “workers” of Uber for the purposes of the Employment Rights Act 1996 (ERA 1996), the Working Time Regulations 1998 and National Minimum Wage legislation? Second, if they were, was their working time limited to periods actually transporting passengers, or were they otherwise working in a wider sense beyond time spent on trips via the app at the material time in question here...

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