Uber drivers win in the Court of Appeal
28 January 2019
The original Employment Tribunal ruling in the case of Aslam & Ors v Uber BV (see Employer Essentials November 2016) was upheld when the case was recently heard before the Court of Appeal. Although the Court was split over the case, two judges supported the Tribunal’s reasoning and held that each driver qualified as a worker under limb B of the legislation.
The Court of Appeal ruling confirms that it is necessary to look at both the written agreement between the company and the individual and the fact pattern of the way the business relationship operated in practice. It is not particularly surprising that the Court should support the Tribunal’s view that all relevant circumstances should be taken into account when considering the employment status of an individual (past tax case law supports this approach - against the individual’s contention in a number of cases). However, it does underline the current difficulties that all parties can face when the employment status of individuals is in dispute.
It is understood that Uber will take this case to the Supreme Court but we suspect that greater clarity on employment status cases will only be realised when the Government legislates on the issue as it has promised in its Good Work Plan.
For help and advice on employment status issues or non-payroll labour, please contact Nick Duffin.
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