The Court of Appeal has upheld decisions of the lower courts that Uber drivers are entitled to national minimum wage and holiday pay.
In the case of Uber v Aslam (www.bailii.org) the documents sought to portray Uber as an agent supplying technology services, acting on behalf of the driver who entered a contract with each passenger.
The Court of Appeal (by a majority) upheld the tribunal decision that the drivers were actually ‘workers’ under a contract with Uber, and therefore entitled to holiday pay and the minimum wage. The documents did not reflect the reality of the contract between the parties. Tribunals should take a ‘realistic and worldly-wise’, ‘sensible and robust’ approach to the determination of what the true position is.
Though the case did not relate to the Equality Act, the case implies they should also have Equality Act rights.
The case is likely to be appealed to the Supreme Court. Also each case will depend on its own facts.
Also in December 2018 the government published its Good Work Plan, which includes proposed changes to the law on employment status.