A Range of Reasonable Responses
Uber drivers are not employees and don’t let anyone tell you different.
On the other hand, in Aslam & others v Uber BV and others the Tribunal did hold that they were ‘workers’.
Being a worker is different from being an employee. Employees have the right not to be unfairly dismissed as well as a bunch of other rights including maternity leave, redundancy pay and the right to request flexible working. To be an employee you have to be engaged under a contract of employment or apprenticeship and there is a whole series of factors to look at – the most important being the extent to which your activities are controlled by the employer. In this case, the huge flexibility that Uber drivers have about when they choose to work – and the fact that they have to provide and maintain their own car – would make claiming employee status very difficult. But, as it happens…
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