Following the government’s launch of an inquiry into Uber, the ruling declared that drivers have won the case to be classed as workers rather than self-employed.
After a tribunal ruled that two drivers who claimed that they were workers, not independent contractors and are therefore entitled to pursue their claims of unpaid national minimum wage, holiday pay and detrimental treatment on the grounds of whistleblowing against the company - the case has raised questions about worker classification in the gig economy.
Gemma Parker, Employment Lawyer at Linklaters, spoke to us about a future for alternative employment models. She explains: “Uber is appealing the decision, and it may be some time before we get a definitive answer on this issue. Whatever the outcome, it is worth noting both that in the meantime nothing changes for Uber.
“Equally, the Tribunal did not consider that anything in its reasoning ‘should be taken as doubting that the Respondents [i.e. Uber] could have devised a business model not involving them employing drivers’, but that its chosen model does not achieve this.
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