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

Northstone secures full planning permission for 50 new homes in Edenfield Edenfield housing development

Northstone secures full planning permission for 50 new homes in Edenfield

29 Apr 2025

2

Ring Stones Maintenance and Construction celebrates completion of Dovestone Gardens Dovestone Gardens launch

Ring Stones Maintenance and Construction celebrates completion of Dovestone Gardens

29 Apr 2025

3

PHX Training welcomes new business leader to drive learner success Louise Kirby

PHX Training welcomes new business leader to drive learner success

29 Apr 2025

4

Lidl to invest half a billion pounds in its expansion as it eyes sites in Lancashire Lidl

Lidl to invest half a billion pounds in its expansion as it eyes sites in Lancashire

29 Apr 2025

5

Inspired board reject takeover bid from major shareholder inspired-500x500.png

Inspired board reject takeover bid from major shareholder

29 Apr 2025

Pc Prestonmacan Gif980x120 March
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
LBV122 May/June Launch Event
121 Lancashire Business View Magazine Launch
Networking
21 May 2025

LBV122 May/June Launch Event

Lancaster and Morecambe College, Lancaster, LA1 2TY

08:30 - 10:30

Sub36 Networking
Networking
11 Jun 2025

Sub36 Networking

British Jewellery School, Scorton, PR3 1BA

15:00 - 17:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200px 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

Planning for the future + navigating Inheritance Tax changes
Planning for the future + navigating Inheritance Tax changes for website.png.png
LBV Hub Seminars
01 May 2025 - 01 May 2025

Planning for the future + navigating Inheritance Tax changes

Stanley House Hotel, Mellor, Blackburn, BB2 7NP, Blackburn, BB2 7NP

08:00 - 10:30

Advantage: AI – A Workshop for Business Leaders – May 2
EV-land-2025-05B.png.png
LBV Hub Seminars
02 May 2025 - 02 May 2025

Advantage: AI – A Workshop for Business Leaders – May 2

Door4 Office, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:00

A night at the races
1.png.png
LBV Hub Dinners / Balls
02 May 2025 - 02 May 2025

A night at the races

Morecambe FC, Morecambe, LA4 4TB

19:00 - 23:59

Research and Knowledge Exchange Showcase
13421_research_knowledge_exchange_2025_600x300.jpg.jpg
LBV Hub Awards
07 May 2025 - 08 May 2025

Research and Knowledge Exchange Showcase

University of Central Lancashire , Preston, PR1 2HE

09:00 - 17:00

Innovating business solutions through PhD Partnerships
30478 Skills Bootcamp open day setting.jpg.jpg
LBV Hub Networking
07 May 2025 - 07 May 2025

Innovating business solutions through PhD Partnerships

University of Central Lancashire, Preston , PR1 2HE

14:30 - 15:30

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 Lbv121 Online Graphic
Subscribe now

Weekly news bulletin