Uber drivers entitled to benefits, British court rules
Uber suffered an important labor defeat in its largest European market Friday when Britain’s Supreme Court ruled that the ride-hailing firm’s drivers must be classified as workers entitled to a minimum wage and vacation time.
The case had been closely watched because of its ramifications for the gig economy, in which companies like Uber rely on a sprawling labor force of independent contractors to provide car rides, deliver food and clean homes.
Uber and other gig economy companies say their business model gives people flexibility to choose when they work, while critics say it has eroded job protections and the traditional companyemployee relationship.
In a unanimous decision, the court ruled that although Uber said it was only a technology platform that connected drivers with passengers, it behaved more like an employer by setting rates, assigning rides, requiring drivers to follow certain routes and using a rating system to discipline drivers.
“Drivers are in a position of subordination and dependency in relation to Uber such that they have little or no ability to improve their economic position through professional or entrepreneurial skill,” Lord George Leggatt of the Supreme Court said in reading the judgment. “In practice, the only way in which they can increase their earnings is by working longer hours while constantly meeting Uber’s measures of performance.”
The decision was a major victory for labor activists in the United States and Europe who are pushing for better wages and stronger protections for workers of services
like Uber, Lyft, DoorDash and Grubhub, whose role in the economy has grown during the coronavirus pandemic.
Uber fought the effort by drivers in Britain to be classified as workers for the past five years, appealing the decision all the way to the country’s top court. The ruling Friday is expected to initially affect only the 25 drivers who brought the case but is seen as setting a precedent for the 60,000 other Uber drivers across the country.
The ruling will now be referred to an employment tribunal, an administrative court that will decide in the next few months how to reward the drivers and how the ruling will affect other drivers going forward.
Uber sought to play down the decision, saying it would press the employment tribunal to limit its scope. The company said that it believed the ruling should affect only a small number of drivers and that Uber should not be required to reclassify all its drivers as workers.
The company said that it would argue to the tribunal that it had made a number of changes to its business model to provide more protections for workers since 2016, when the case was first filed, like offering insurance to drivers if they lose income because they are sick or injured, and allowing drivers to reject taking certain rides without punishment.
“We are committed to doing more and will now consult with every active driver across the U.K. to understand the changes they want to see,” Jamie Heywood, Uber’s regional general manager for Northern and Eastern Europe, said in a statement.
But some employment lawyers said that the decision had broader consequences than Uber was suggesting and that it represented an important moment in the broader labor debate about gig workers.
The case has “much wider implications than the Uber case alone and is likely to be seen as a watershed moment in employment rights for workers in the gig economy,” said Schona Jolly, a human rights and employment law barrister with Cloisters Chambers in London.
Uber drivers are currently paid per ride, with Uber taking a 20% fee from each fare. The court said that drivers, who must pay for their own car, insurance and taxi license, are entitled to be paid whenever they are logged in to the app, not just when they are providing a ride.
The justices criticized the legal agreements that Uber requires drivers to sign before working that classifies them as independent contractors. The court said Uber did not have the power to “determine for itself” whether worker protection laws apply to its drivers.
Uber said it would send a survey to drivers to measure their views on the ruling and worker flexibility, to better gauge how to adjust their model to conform to the ruling. As the case plays out in the employment tribunal, Uber may rely on the appeal of gig work for some people — the ability to work as much as or as little they like.
The case traces back in part to 2015, when an Uber driver, James Farrar, was assaulted by a passenger in London. After Uber did not cooperate with police investigating the incident, Farrar became involved in an emerging labor movement among drivers pushing for a minimum wage. Without a pay guarantee, Farrar said, Uber was able to flood the British market with drivers, who were left competing for a limited number of rides, depressing their income.
In 2016, the drivers filed a claim with an employment tribunal.
“All Uber has to do is ensure that the work they give crosses the line of minimum wage,” said Farrar, who is now general secretary of the App Drivers & Couriers Union. “The sad part of this is we worked so hard for such a modest ask.”
In Britain, the national minimum wage for people over 25 is 8.72 pounds ($12.22) an hour.
Uber, which has been struggling to become profitable, has counted on classifying workers as independent workers to keep costs low. In 2020, the company reported a net loss of $6.8 billion.
Daniel Ives, an analyst with Wedbush Securities, said the British ruling could be a “nightmare” for Uber if it increases its labor costs. London is one of Uber’s top five markets globally, he said.
“This case could set a precedent for other workers and companies in the gig economy throughout the U.K. and Europe which would be a body blow to the overall ecosystem,” Ives said in a note to clients.
Uber and other gig-economy companies have been fighting off efforts around the world to classify workers as employees with mixed success.
In France, Uber lost a decision in the country’s top court last year that a driver had the right to be considered an employee. In Germany, Uber is not widely available because of stiffer licensing requirements for drivers.
But in California, Uber and other companies funded a successful ballot measure in the November election to exempt them from a law that would have required them to employ drivers and pay health care, unemployment insurance and other benefits. More battles loom in Washington and state capitals about how to classify workers for Uber and other platforms.
Britain has been one of the company’s most important markets but also a source of legal trouble. In London, where Uber cars are as ubiquitous as traditional black cabs, the city transportation regulator has twice taken steps to revoke Uber’s taxi license in recent years before the company agreed to new safety policies.
Sadiq Khan, mayor of London, cheered the decision.
“It is a landmark decision for people who suffer from low pay and a lack of security at work,” he said in a statement. “Gig economy workers deserve the same rights as other workers.”