Uber BV and others v Aslam and others

Uber BV and others v Aslam and others

Uber drivers are 'workers' within the meaning of UK employment legislation because, despite contractual documentation to the contrary, the reality is that Uber exercises significant control over drivers' remuneration, performance, and working conditions, creating a relationship of subordination and dependency. The employment tribunal was entitled to find that drivers are working for Uber during any period when they are logged into the Uber app, within the licensed territory, and ready and willing to accept trips.

Parties
Appellants: Uber BV and others; Respondent: Yaseen Aslam; Respondent: James Farrar; Respondent: Robert Dawson and others
Jurisdiction
England and Wales
Judgment Date
19 February 2021
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Worker Status, Gig Economy, Employment Rights, Minimum Wage, Working Time, Contractual Interpretation, Subordination and Control, Statutory Protection of Workers
Employment Law Labour Law Contract Law Worker Status Gig Economy Employment Rights Minimum Wage Working Time +3 more

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Parties

Uber BV and others

Appellants

Yaseen Aslam

Respondent

James Farrar

Respondent

Robert Dawson and others

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Uber drivers are 'workers' under UK employment legislation
  2. 2 Whether drivers are working under a contract with Uber or with passengers
  3. 3 Whether drivers are working only when driving passengers or also when logged into the app and available

Ratio Decidendi

Uber drivers are 'workers' within the meaning of UK employment legislation because, despite contractual documentation to the contrary, the reality is that Uber exercises significant control over drivers' remuneration, performance, and working conditions, creating a relationship of subordination and dependency. The employment tribunal was entitled to find that drivers are working for Uber during any period when they are logged into the Uber app, within the licensed territory, and ready and willing to accept trips.

Court Disposition

Appeal dismissed

Orders

  • The employment tribunal's decision that Uber drivers are workers is affirmed.
  • Uber drivers are entitled to statutory rights including minimum wage and paid annual leave for periods when logged into the app, within territory, and ready and willing to accept trips.