Uber loses driver employment rights appeal
Firm says it will launch fresh appeal against ruling
Taxi firm Uber has lost an appeal against a ruling on the employment rights of drivers.
The GMB union said a ruling by the Employment Appeal Tribunal (EAT) was a “landmark victory” for workers’ rights, especially in the gig economy.
Two drivers, James Farrar and Yaseen Aslam, won an employment tribunal case last year after arguing that they were “workers” and entitled to the minimum wage, sick pay and paid leave.
Uber challenged the ruling at the Employment Appeal Tribunal in central London, saying it could deprive drivers of the “personal flexibility they value”.
Maria Ludkin, the GMB’S legal director, said: “This landmark decision is yet more vindication of GMB’S campaign to ensure drivers are given the rights they are entitled to and that the public, drivers and passengers are kept safe.
“GMB is delighted the EAT made the correct decision to uphold the original employment tribunal ruling.
“Uber must now face up to its responsibilities and give its workers the rights to which they are entitled. GMB urges the company not to waste everyone’s time and money dragging their lost cause to the Supreme Court.”
TUC general secretary Frances O’grady said: “Uber should throw in the towel and accept today’s judgment. No company, however big or wellconnected, is above the law. Uber must play by the rules and stop denying its drivers basic rights at work.
“This ruling should put gig economy employers on notice. Unions will expose nasty schemes that try and cheat workers out of the minimum wage and holiday pay. Sham self-employment exploits people and scams the taxman.”
Uber announced that it would appeal against the ruling.
Tom Elvidge, Uber UK’S acting general manager, said: “The main reason why drivers use Uber is because they value the freedom to choose if, when and where they drive, and so we intend to appeal. The tribunal relies on the assertion that drivers are required to take 80 per cent of trips sent to them when logged into the app. As drivers who use Uber know, this has never been the case in the UK.
“Over the past year we have made a number of changes to our app to give drivers even more control.” Nigel Mackay of law firm Leigh Day, said:
“We now hope that Uber will accept this decision, rather than pursuing further appeals, so that we can swiftly return to the employment tribunal on behalf of our GMB member clients, for the tribunal to decide the compensation that they are entitled to.”
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