As promised, we bring you an update on the Uber litigation. The last update outlined the decision of the Employment Appeal Tribunal which agreed with the Employment Tribunal that Uber drivers in that case are workers and should have worker protections. What next?

Uber applied to skip over the Court of Appeal stage and appeal directly to the Supreme Court. This application has now been heard and permission has been refused. The decision means that the Court of Appeal will have to hear the case first, before it reaches the Supreme Court. A spokesperson for Uber has confirmed that the company will proceed to the Court of Appeal.

Uber’s approach to the litigation has been to warn that the decision will mean the company will have to impose shifts which will take away the flexibilities currently enjoyed by Uber’s workforce. Another case questioning worker status is scheduled to be heard by the Supreme Court in February 2018. This may give us an early indication as to how the Uber appeal might be interpreted, but we will need to wait and see as to the specific questions answered.