UBER: EAT upholds Employment Tribunal's decision that UBER drivers are "workers".

The facts

An Employment Tribunal decided last year that Uber drivers were workers, benefiting from workers' rights, including the right to National Minimum Wage and to take paid holiday. Please see our alert here.

Uber appealed to the EAT, arguing that Uber was the drivers' agent, and that the Employment Tribunal had erred in deciding otherwise. It also argued that the Employment Tribunal had erred in finding that drivers were workers during time waiting for bookings.

The EAT upheld the Employment Tribunal's decision.

What does this mean for employers?

Uber had submitted a petition to appeal this decision to the Supreme Court, but this has been denied. Having been refused permission to leapfrog to the Supreme Court, the appeal will now be heard by the Court of Appeal some time next year.

Meanwhile, the Pimlico Plumbers case on worker status is due to be heard by the Supreme Court in February 2018, which will give the Supreme Court an opportunity to review worker status (albeit not in the context of the 'gig' economy) very soon.

Uber BV and others v Aslam and others