- The Court of Appeal has upheld the EAT's ruling in Uber BV v Aslam that Uber drivers were workers on the basis that the written documentation seeking to establish them as independent contractors did not reflect reality; the drivers were held to be working while they had the Uber app switched on and were within their territory and ready and willing to accept trips. However, Underhill LJ gave a strong dissenting judgment that, in his view, the documentation was consistent with how the parties worked in practice and the fact that it was one-sided due to the unequal bargaining strength of the parties could not justify setting it aside. He also considered that the drivers should only be treated as workers (if at all) from the moment they accept a particular trip. Uber has appealed to the Supreme Court.
- The High Court has ruled that the right to collective bargaining under the Trade Union and Labour Relations (Consolidation) Act 1992 only applies to 'workers'. The European Convention of Human Rights Article 11 right to collective bargaining was similarly restricted to those in an employment relationship and therefore could not be used to extend domestic collective bargaining rights to Deliveroo riders held not to be 'workers' (due to the lack of an obligation of personal service). The IWGB union has stated that it intends to appeal. (R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee)
Key contacts
Samantha Brown
Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London
Steve Bell
Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne
Emma Rohsler
Partner, Head of Employment, Pensions and Incentives, EMEA, Paris
Tim Leaver
Partner, London
Andrew Taggart
Partner, London
Fatim Jumabhoy
Partner, Head of Employment & Workplace Investigations, Asia, Singapore
Barbara Roth
Partner, New York
Christine Young
Partner, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.