Uber BV v Aslam & Ors (JURISDICTIONAL POINTS - Worker, employee or neither : WORKING TIME REGULATIONS) [2017] UKEAT 0056_17_1011 (10 November 2017)

Uber BV v Aslam & Ors (JURISDICTIONAL POINTS - Worker, employee or neither : WORKING TIME REGULATIONS) [2017] UKEAT 0056_17_1011 (10 November 2017)

The Employment Tribunal was entitled to disregard the written contractual documentation and determine the true nature of the relationship between Uber drivers and Uber London Ltd based on the factual reality. The Tribunal found that Uber drivers were integrated into Uber's business, subject to significant control and restrictions, and not operating as independent businesses. Therefore, Uber drivers are 'workers' within the meaning of section 230(3)(b) ERA, regulation 36(1) WTR, and section 54(3) NMWA. Their working time is to be calculated from when they are in the territory, with the app switched on, ready and willing to accept assignments. They are engaged in 'unmeasured work' for NMWR...

Citation
[2017] UKEAT 0056_17_1011
Parties
Appellants: Uber BV, Uber London Ltd, Uber Britania Ltd; Respondents (first and Second): Current or former Uber drivers (test Claimants); Third Respondent: Uber Britania Ltd
Jurisdiction
United Kingdom
Judgment Date
10 November 2017
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Worker Status, Employment Rights, Working Time, National Minimum Wage, Contractual Interpretation, Agency Law
Employment Law Labour Law Worker Status Employment Rights Working Time National Minimum Wage Contractual Interpretation Agency Law

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Parties

Uber BV, Uber London Ltd, Uber Britania Ltd

Appellants

Current or former Uber drivers (test Claimants)

Respondents (first and Second)

Uber Britania Ltd

Third Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether Uber drivers are 'workers' under section 230(3)(b) Employment Rights Act 1996, regulation 36(1) Working Time Regulations 1998, and section 54(3) National Minimum Wage Act 1998
  2. 2 Whether the Employment Tribunal erred in disregarding written contractual documentation
  3. 3 Whether Uber drivers' working time is to be calculated as per regulation 2(1) WTR

Ratio Decidendi

The Employment Tribunal was entitled to disregard the written contractual documentation and determine the true nature of the relationship between Uber drivers and Uber London Ltd based on the factual reality. The Tribunal found that Uber drivers were integrated into Uber's business, subject to significant control and restrictions, and not operating as independent businesses. Therefore, Uber drivers are 'workers' within the meaning of section 230(3)(b) ERA, regulation 36(1) WTR, and section 54(3) NMWA. Their working time is to be calculated from when they are in the territory, with the app switched on, ready and willing to accept assignments. They are engaged in 'unmeasured work' for NMWR...

Court Disposition

Appeal dismissed

Orders

  • Uber drivers are workers for the purposes of section 230(3)(b) ERA, regulation 36(1) WTR, and section 54(3) NMWA.
  • Uber drivers' working time is to be calculated in accordance with regulation 2(1) WTR, starting when in territory, app on, ready and willing to accept assignments.