Uber drivers have been ruled to be “workers” not self-employed contractors: Hester Jewitt reports
- For businesses which rely on self-employed contractors, the Aslam decision gives pause for thought.
The wait is over. The employment tribunal in Aslam and ors v Uber BV and ors Case 2202551/2015 has decided that Uber drivers are “workers” not self-employed contractors and should be entitled to the national minimum wage, rest breaks, holiday pay and whistleblower protection.
Impact could be far-reaching
The impact of the Aslam decision is likely to be far-reaching, not just for Uber but the wider gig economy. Uber alone has about 40,000 drivers and other businesses operating similar business models could also be at risk of claims.
Following the decision, Deliveroo has received a request for union recognition and workers’ rights on behalf of its riders.
While Aslam is a first instance decision and so not binding on other tribunals; it raises the profile of false self-employment. Last month, the government launched an inquiry into the employment status of those working in the gig economy. Following Aslam , HMRC and Unite have announced that
