Success at Supreme Court could net Uber drivers £12,000 worker’s rights compensation says legal firm
Thousands of Uber drivers could be entitled to a £12,000 compensation worker’s rights package if their final legal challenge is successful, says legal firm.
This summer the Supreme Court is due to hear the next stage in a legal challenge brought by Uber drivers who are fighting to be classed as ‘workers’. The appeal is currently scheduled to proceed remotely on 21/22 July.
After this hearing ride-hailing firm Uber will have exhausted all avenues of appeal.
If successful in their case, the Uber drivers could be entitled to an average of £12,000 each in compensation, according to law firm Leigh Day.
Leigh Day believes tens of thousands of Uber drivers could be eligible to make a claim, although the private hire operator will only be legally required to compensate those who have brought a claim.
The current legal action is being brought by the Uber drivers, represented by law firm Leigh Day, who argue that Uber should provide its drivers with paid holiday and ensure they are paid at least the minimum wage.
Currently it's claimed that Uber does not provide drivers with many of the normal rights given to workers, instead claiming drivers are ‘partners’. However, during an Employment Tribunal in 2016 it was found that drivers are ‘workers’ rather than self-employed independent contractors.
The ruling was upheld by the Employment Appeal Tribunal in November 2017 and the Court of Appeal in December 2018. However, the ride-hailing firm have made one last further appeal to the Supreme Court.
If the drivers succeed at the Supreme Court this summer, the case will then return to the Employment Tribunal which will decide how much compensation drivers are entitled to.
Nigel Mackay, a partner in the employment team at Leigh Day, said: “Uber is soon going to reach the end of the road in its fight to stop its drivers being given workers’ rights.
“If Uber loses, it will have no other option but to compensate those drivers who have brought claims for failures to provide holiday pay and where the company has paid them below the minimum wage.
“Now more than ever we have seen how difficult it can be for Uber drivers, many of whom have put themselves at risk by continuing to drive during the lockdown for those who need them for essential journeys. Yet Uber continues to deny its drivers basic workers’ rights.
“We believe that it’s clear from the way Uber operates that its drivers should be given workers’ rights. From the amount of control it exerts over them, to the ratings system is uses to assess performance. These circumstances all point to Uber drivers being workers.”
More information about the claim can be found at www.driversclaim.co.uk