Uber drivers are employees and not self-employed workers, the six justices of the Supreme Court, the British Supreme Court decided unanimously this morning. The Supreme Court dismissed Uber's appeal, filed July 21 and 22 last year, against a groundbreaking labor court ruling identifying Uber drivers as employees entitled to minimum wages and paid vacation days. In the UK alone, tens of thousands of Uber drivers can now qualify for employee grading.
According to the trade magazine Passenger Transport Magazine There are two cases against Uber in the Netherlands: in January the trade union FNV sued Uber Nederland in a similar case for the 'false self-employment' of Uber drivers. The FNV demands that Uber drivers are classified as employees. There is also a case against Uber, which was brought by British ex-Uber drivers (including some who were also involved in the British trial) through Dutch lawyer Anton Ekker in order to gain access to their personal data at Uber.
With this ruling, UK judges backed that of the October 2016 labor court, which could have enormous consequences for millions of workers in the gig economy and for Uber's business model. In the UK alone, there are several similar lawsuits against delivery and taxi companies such as Addison Lee, by far the largest minicab (taxi) company in the British capital. Uber recently came unsolicited, following EU plans for (possible) legislation in the gig area, with advice to Brussels how the EU - with a kind of self-employed plus (just like in California) and minimal social benefits - best in furnishing.
The UK Supreme Court this morning emphasized "that any attempt by organizations to draft artificial contracts designed to circumvent basic safeguards is void and unenforceable." The judges criticized Uber's controversial contracts with its drivers, saying they were "designed to prevent a driver from obtaining employee rights through applicable law."
Read the full court report
Passenger Transport Magazine
Judge Lord Leggatt said in the ruling that he was “not convinced” that Uber's contractual arrangements with drivers are in line with the regulatory system overseen by licensing authority Transport for London (TfL). The Supreme Court also noted the high level of control Uber has over its drivers, including setting fares and not informing drivers of the passenger's destination until it is picked up. The Supreme Court also pointed out that the assessments that passengers and drivers give each other are also used to monitor driver performance.
Read the full court report Passenger Transport Magazine
Also read: Uber stops the development of its own self-driving car
