Skip to main content

Uber drivers are 'workers', say lawmakers

UK Supreme Court decision could disrupt ride-hailing giant's business model in London
By Adam Hill February 22, 2021 Read time: 3 mins
Uber's business model may now be in question - in the UK at least (© Claudiodivizia | Dreamstime.com)

A landmark decision in the UK Supreme Court means that drivers using the Uber app are to be considered 'workers' for employment legislation purposes.

The court upheld a 2016 employment tribunal decision, against which Uber had appealed.

Uber has consistently argued that it simply provides a function as a booking agent, and that drivers are independent contractors who, in effect, work for the customers they carry rather than for Uber.

But the Supreme Court rejects this - and its ruling means that Uber drivers may now have rights such as being paid the national minimum wage and receiving annual paid holiday.

The court said that "the transportation service performed by drivers and offered to passengers through the Uber app is very tightly defined and controlled by Uber".

"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," the judgment continues.

"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 Supreme Court considers that comparisons made by Uber with digital platforms which act as booking agents for hotels and other accommodation and with minicab drivers do not advance its case," it adds.

It also found that drivers must be considered to be working for Uber when they are logged into the app - not just when they are actually driving passengers to their destinations.

Uber UK countered that the decision applied to a "small group of drivers using the Uber app in 2016" and pointed out that the classification of 'workers' is not the same as 'employees'.

"Worker is a UK specific legal classification and a worker is not an employee," the company says. "Employee status was not claimed in the litigation and so this ruling does not find the claimants to be employees."

It argues that the company has made "significant changes to our business and have been guided by drivers every step of the way".

It adds: "Drivers now have full transparency over the price and destination of their trip, and since 2017 there has been no repercussion for rejecting multiple consecutive trips."

"Drivers told us that they wanted protections such as free insurance to cover sickness or injury, but not at the cost of flexibility," the company continues.

"They want to remain independent, accessing flexible earnings opportunities when they want it, and protection and benefits when they need it. Nearly 90% say that this flexibility is the most important reason they use the Uber app."

Uber says it is launching a nationwide consultation "to seek the views of all active drivers who use our app in the UK" and will share its next steps "over the coming weeks".

In the US, drivers for companies such as Uber and Lyft remain independent contractors.

A vote in California approving Proposition 22 last November allowed gig economy companies to be exempt from new employment law.

However, a number of US states are considering legislation around regulating ride-hailing and other gig economy jobs.
 

Related Content

  • August 28, 2018
    Uber to redirect focus to bikes and electric scooters
    Uber intends to focus more on its electric scooter and bike business as it says individual modes of transport are better-suited to inner city travel. Dara Khosrowshahi, Uber’s CEO, believes users will make more frequent, shorter journeys in the future, the Financial Times reports. "During rush hour, it is very inefficient for a one-tonne hulk of metal to take one person ten blocks,” he says. Uber’s Jump electric bikes are now available in eight US cities such as San Francisco and Washington DC, and are
  • January 18, 2017
    Partial victory for wheelchair user over bus access
    A wheelchair user has won a partial victory at the UK Supreme Court over priority use of wheelchair spaces on buses. The case arose when wheelchair user Doug Paulley attempted to board a bus operated by FirstGroup, which carried a sign asking passengers occupying the wheelchair space to “please give up this space if needed for a wheelchair user”. The wheelchair space was occupied by a woman with a baby in a pushchair who refused to move when the driver asked her to. The driver took no further action and
  • November 25, 2021
    Masabi ticketing extends to Osaka Monorail
    Jorudan has integrated Justride into its MaaS apps for riders in Japan's third-largest city
  • December 14, 2018
    TfL describes reports of closer ties with Uber as ‘nonsense’
    Transport for London (TfL) has described claims that it is deepening its relationship with Uber as ‘nonsense’. Media reports suggested that London’s transit authority might be going to offer customers access to public transport services via the ride-hailing firm's app. The Financial Times reported that Uber is attempting to add TfL's data about tube and bus timetables into the app. But a spokesperson from TfL told ITS International that the only thing it is putting out is open data – and does no