Uber drivers have won the right to be classed as workers
A London employment tribunal has ruled that drivers for the ride-hailing app will be entitled to holiday pay, paid rest breaks and the national minimum wage, dealing a major blow to Uber.
The GMB Union described the decision as a "monumental victory” that will have a hugely positive impact for some 40,000 drivers in England and Wales.
The San Francisco-based company had argued that its drivers were not employees but self-employed contractors. Uber said it would appeal against the ruling as they viewed it had acted unlawfully.
The ruling accused Uber of "resorting in its documentation to fictions, twisted language and even brand new terminology", adding: "The notion that Uber in London is a mosaic of 30,000 small businesses linked by a common 'platform' is to our mind faintly ridiculous."
General Secretary of the Trades Union Congress, Frances O'Grady said: "What is happening at Uber is just the tip of the iceberg. Lots of people are now trapped in insecure jobs, with low pay and no voice at work. We need the government to get tough on sham self-employment."
This case has exposed the darker side of the UK's labour market and will influence not just the thousands of Uber drivers, but all workers whose employers wrongly classify them as self-employed and deny them the basic rights to which they are entitled.
Lawson-West Employment Paralegal Sejal Patel comments: “This story has revealed to the media that there are underlying and ongoing problems with the UK’s labour market as employers are exploiting this potential loophole to avoid providing their employees with their basic rights. At Lawson-West we are often faced with employers who are initially determined to hide behind a sham self-employed contract until we demonstrate and successfully prove our Client’s employee status.”
If you have experienced problems with your contract of employment or your working conditions, please contact a Lawson-West employment solicitor. Vaishali Thakerar and Sejal Patel are available on 0116 212 1000. You can reach Ashley Hunt and Carrie-Ann Randall on 01858 445 480.
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