Uber B.V. ("UBV") & Ors v Aslam & Ors

Uber B.V. ("UBV") & Ors v Aslam & Ors

The Court of Appeal (majority) held that Uber drivers are 'workers' for the purposes of the Employment Rights Act 1996, the Working Time Regulations 1998, and the National Minimum Wage Act 1998. The written contractual terms did not reflect the true relationship, as Uber exercised significant control over drivers, integrated them into its business, and drivers provided services for Uber, not directly for passengers. The court found that drivers are working for Uber when they are in the territory, have the app switched on, and are ready and willing to accept trips.

Parties
Appellant: Uber B.V.; Appellant: Uber London Limited; Appellant: Uber Britannia Limited; Respondent: Yaseen Aslam; Respondent: James Farrar; Respondent: Robert Dawson & others
Jurisdiction
England and Wales
Judgment Date
19 December 2018
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed (majority); Uber drivers are 'workers' for the relevant statutory purposes.
Legal Topics
Worker Status, Employment Rights, Gig Economy, Minimum Wage, Working Time, Employment Contracts
Employment Law Labour Law Worker Status Employment Rights Gig Economy Minimum Wage Working Time Employment Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Uber B.V.

Appellant

Uber London Limited

Appellant

Uber Britannia Limited

Appellant

Yaseen Aslam

Respondent

James Farrar

Respondent

Robert Dawson & others

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether Uber drivers are 'workers' under section 230(3)(b) of the Employment Rights Act 1996 and related statutes
  2. 2 Whether the contractual documentation reflects the true relationship between Uber and its drivers
  3. 3 Whether drivers are entitled to minimum wage and paid leave protections

Ratio Decidendi

The Court of Appeal (majority) held that Uber drivers are 'workers' for the purposes of the Employment Rights Act 1996, the Working Time Regulations 1998, and the National Minimum Wage Act 1998. The written contractual terms did not reflect the true relationship, as Uber exercised significant control over drivers, integrated them into its business, and drivers provided services for Uber, not directly for passengers. The court found that drivers are working for Uber when they are in the territory, have the app switched on, and are ready and willing to accept trips.

Court Disposition

Appeal dismissed (majority); Uber drivers are 'workers' for the relevant statutory purposes.

Orders

  • Uber's appeal is dismissed.
  • Drivers are entitled to worker protections under the Employment Rights Act 1996, Working Time Regulations 1998, and National Minimum Wage Act 1998.