Uber loses in the Supreme Court - What can we learn about employment law?

By DRN Solicitors

15 Mar 2021

shutterstock_454783138-edit-1.jpg

The ongoing case of Uber vs. Aslam has recently come to a close in the Supreme Court. Following an initial employment tribunal in 2016 involving two former Uber drivers, which saw the judge rule that those who work for Uber are considered ‘workers’, not ‘self-employed subcontractors’, the case was moved to appeal by Uber in 2017, and later addressed in the High Court in 2018. 

With the ruling remaining in all three tribunals, Uber made a last attempt to have it overruled by escalating the appeal to the Supreme Court - the highest court in the British legal system. 

It has recently been announced that the Supreme Court found the original ruling to stand - Uber drivers are indeed, in the eyes of the law, workers, deeming them so from the moment they log into the app and make themselves available for work in the area, to the moment they log out of the app at the end of their working day, effectively signing off. 

As a result of this ruling, Uber drivers are entitled to claim national minimum wage, including back pay, and this is based on the full working day, not just for the instances they were transporting a passenger. 

Drivers are entitled to claim up to two years’ back pay, or £25,000 - whichever is the larger amount, and may do so by seeking an employment tribunal. For claims exceeding this amount, for up to six years’ back pay, drivers may address their claim in the County Court. 

In addition, as workers, drivers will also be able to claim 5.6 weeks of paid annual leave every year, and will have whistleblowing and similar employment rights. This judgement, however, does not entitle drivers to full ‘employee’ rights, such as the right to redundancy payment, or the right to claim unfair dismissal. 

What does the Uber case teach us about Employment Law? 

This latest ruling could change the gig economy moving forward, and it could directly impact your own business if you regularly work with self-employed subcontractors or casual workers. 

As such, it’s important to get to grips with the key differences between an employee, a worker, and a self-employed person. 

What are the differences between an employee, a worker, and a self-employed person? Whilst there are a number of similarities between these roles, there are also a number of key differences which you need to be aware of. 

Employees: 

Have an employment contract  Are provided with regular work  Are obliged to carry out the work they are contracted to do 

Employment rights for employees include: 

Being given written terms which outline the rights and responsibilities associated with the role  Being paid national minimum wage  Being given payslips with each pay  Being protected against unlawful discrimination in the workplace, whistleblowing, and unfair treatment (whether they are full-time or part-time)  Receiving sick pay, holiday pay, and paid parental leave  Being able to claim redundancy payment and unfair dismissal (after two years of service) 

Workers: 

Have a contract for their services  Have no obligation to complete a set amount of work (for example, in zero-hour contracts), but should complete the work they have agreed to do 

Employment rights for workers include: 

Being given written terms which outline the rights and responsibilities associated with the role  Being paid national minimum wage  Being given payslips with each pay  Being protected against unlawful discrimination in the workplace, whistleblowing, and unfair treatment 

A person will be considered as self-employed if they: 

Are responsible for managing how and when they work  Are a freelancer, or the owner of a company  Send invoices to receive their pay  Get contracts to provide services to clients  Are able to send someone else to do the work for them  Are able to work for a range of different clients and charge different fees  Do not receive holiday pay or paid sick leave 

Those who are self-employed do have fewer employment rights, however some basic entitlements are: 

Protection for their health and safety whilst on a client’s premises  Protection against discrimination 

Employment Law involves constantly changing legislation, and as such can be difficult to follow and stay up to date with. 

At DRN, our expert solicitors offer a range of HR services as part of a comprehensive package, which can be tailored entirely to suit your needs, and the needs of your business. 

For more information, please get in touch with a member of our team on 01282 433241. 

Latest news

1

Lancashire firms on fastest growing list Adam Morning and Dan Wilkins from CAPO and Will Fletcher from Car.co.uk

Lancashire firms on fastest growing list

05 Jun 2026

2

Velocity appointment looks over the pond Declan Grant

Velocity appointment looks over the pond

05 Jun 2026

3

Nordic move for health-tech specialist Hepro CEO Gier Tore Jakobsen And Chiptech CEO David Hammond

Nordic move for health-tech specialist

04 Jun 2026

4

Family firm to open major distribution centre Melba Swintex Distribution Hub

Family firm to open major distribution centre

04 Jun 2026

5

Fuuse appoints new chief executive for next chapter of growth Michael Gibson and Roger Hunter

Fuuse appoints new chief executive for next chapter of growth

04 Jun 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Yellow Day 2026
LBV Hub Fundraisers
07 Jun 2026

Yellow Day 2026

St Catherine's Hospice, Preston, pr55xu

11:00 - 16:00

Opening doors and opportunity for Tech in Preston
PTC Square June (900 x 900 px)-2.png.png
LBV Hub Networking
09 Jun 2026

Opening doors and opportunity for Tech in Preston

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Hampton by Hilton Blackburn Corporate Social Evening
Hampton Corporate Social (2).jpg.jpg
LBV Hub Networking
09 Jun 2026

Hampton by Hilton Blackburn Corporate Social Evening

Hampton by Hilton Blackburn, Blackburn, BB1 3AL

18:00 - 20:00

Clubhouse Business Network sponsored by Orca Finance - June 2026
Padel Network.png.png
LBV Hub Networking
11 Jun 2026

Clubhouse Business Network sponsored by Orca Finance - June 2026

Clubhouse , Blackburn, BB1 3NT

14:00 - 16:00

The Business Network Central and East Lancashire
LBV Header (33).png.png
LBV Hub Networking
18 Jun 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Chamber Business Lunch
LBV Hub Networking
19 Jun 2026

Chamber Business Lunch

Lancaster House Hotel, Lancaster, LA1 4GL

11:00 - 14:00

The Bay Business Club
Logo.jpg.jpg
LBV Hub Networking
22 Jun 2026

The Bay Business Club

Morecambe Football Club, Morecambe, LA4 4TB

17:00 - 19:00

How to manage grievances…with confidence
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

How to manage grievances…with confidence

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin