On 28 October, the Employment Tribunal gave judgment in Aslam (and others) v Uber, holding that Uber drivers were workers rather than self-employed. Uber was not the drivers' customer as had alternatively been argued. Uber drivers will now be entitled to holiday pay, paid rest breaks, paid sick leave, and the national minimum wage for time spent working.
The Employment Tribunal looked past the contractual terms imposed on the Uber drivers, which purported to preclude an employment relationship. Time spent in their territory (e.g., London), with the Uber app on, is time spent working and should be remunerated as such.
Uber is set to appeal the decision.
What Should Employers Do Next?
Employers should consider seeking legal advice if they have any concerns about the validity of selfemployment status.