Uber Drivers Win Right to Paid Holiday and National Minimum Wage

In a ground-breaking Employment Tribunal decision earlier today, two Uber drivers were deemed to be ‘workers’ as opposed to self-employed. This means that they are entitled to paid annual leave (of 5.6 weeks per year, pro-rated if the driver does not work full time), a 48-hour average working week, regular rest breaks and hourly pay of at least the National Minimum Wage. It also means that such drivers could be receive whistleblowing protection.

There is likely to be a spate of related claims from other Uber drivers and those in similar industries arguing that they too are workers and entitled to similar benefits.

From Uber’s perspective, the substantial additional cost resulting from the judgment means that they are likely to significantly change their business model and/or pass these extra costs onto customers. However, Uber have already confirmed they intend to appeal the judgment to the Employment Appeal Tribunal, so they may opt not to make any changes immediately and wait for the Employment Appeal Tribunal’s decision. Ultimately, such is the importance of today’s judgment, we may see the case make its way to the Supreme Court.

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