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This decision was a significant defeat for Uber, but it was hardly going to be the last word in the story and so it proved. An appeal to the U. The result? Uber drivers are workers not self-employed individuals. It will, for example, mean that Uber drivers will be protected under the National Minimum Wage legislation and the Working Time Regulations. The Court found the following matters extremely significant:. Furthermore, it is designed and organised in such a way as to provide a standardised service to passengers in which drivers are perceived as substantially interchangeable and from which Uber, rather than individual drivers, obtains the benefit of customer loyalty and goodwill.
Worker is a term which is widely used in EU equality and employment law, but a single definition does not exist. As a result of the U. This remark was quoted with approval by Lord Leggatt in the Uber decision at paragraph 74 of his judgement.
In other words, such a feature is merely to be deployed as one of the many possible tests that can be used by the courts to analyse a relationship between two parties. Section 1 of the Employment Rights Act contains the definition of who precisely is an employee i.
This is one of the most important distinctions in employment law in the United Kingdom. This can include someone who provides services under an employment contract — and, crucially, some individuals who fall into the self-employed category.