U.K. Supreme Court Rules Uber Drivers Have Workers’ Rights

Uber drivers will now have legal protections for workers in the U.K. (Flickr)

The Supreme Court of the U.K. ruled on February 19 that Uber drivers must be considered as benefit-holding workers as opposed to self-employed entities. The unanimous decision dealt a blow to large corporations that rely on the gig economy, while it brought relief to drivers who rely on the ride-share app to support themselves.

Yaseen Aslam and James Farrar, on behalf of themselves and 20 additional drivers, brought the case against Uber in 2016, claiming they worked for the company and therefore were entitled to workers’ rights. Uber countered that its drivers were independent, self-employed contractors and were therefore not entitled to such rights. 

Three separate tribunals ruled in favor of Aslam and Farrar before the case reached the Supreme Court. In each instance, Uber appealed the decision. Uber no longer has a legal path forward since it cannot appeal the Supreme Court’s decision.

The Court found that Uber’s level of control over its drivers, including its ability to set fares, meant that it could not classify drivers as self-employed.

The Court further held that Uber must compensate drivers for any time they are logged into the app and are ready to pick up customers, rather than merely for time spent transporting customers, as was Uber’s previous policy. 

An employment tribunal will determine the claimants’ compensation. The drivers may receive remuneration of up to £12,000 ($16,788) each.

In their decision, the Justices of the Supreme Court criticized Uber, saying that the companies’ contracts were intended to prevent drivers from claiming workers’ rights. 

As workers, Uber drivers are entitled to minimum wage, paid leave, and working-time protections. However, they still enjoy fewer rights than employees. For example, they do not have the right to maternity leave or the right to challenge an unfair dismissal.

Frances O’Grady, the General Secretary of the Trades Union Congress, celebrated the Court’s decision, stating, “No company is above the law. Uber must play by the rules and stop denying its drivers basic rights at work.”

Aslam expressed his joy with the ruling, saying, “I am… greatly relieved by this decision which will bring relief to so many workers in the gig economy who desperately need it.”

Jamie Heywood, Uber’s Regional General Manager for Northern and Eastern Europe, said, “We respect the court’s decision which focused on a small number of drivers who used the Uber app in 2016.” He added, “We are committed to doing more and will now consult with every active driver across the UK to understand the changes they want to see.”

Farrar, Aslam’s co-claimant, expressed appreciation for the Court’s ruling but believes that politicians can do more to support workers, saying, “[T]he government must urgently strengthen the law so that gig workers may also have access to sick pay and protection from unfair dismissal.”