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UBER drivers are NOT self employed

Author: Asia Munir

The UBER mobile app allows customers to submit a travel request from a smart phone and then the software automatically sends a UBER driver out to the customer’s pick up point.

UBER drivers use their own vehicles and pay their own fuel – they have always been classed as self-employed by the company. Simple really?

Not any more…

The employment tribunal has made a ground breaking ruling today… The tribunal judge ruled that UBER drivers are not self-employed but are classed as workers under the Employment Rights Act 1996.

Why does this matter?
Key employment rights are only available to individuals who are regarded as ‘employees’. Self-employed workers do not benefit from basic employment rights such as entitlement to the national minimum wage, holiday pay and paid rest breaks.

What could this mean for you?
If you are self-employed and work for an organisation with the same structure as UBER, then you could be entitled to an increase in your wage (£7.20 if you are 25 or over) and entitled to 5.6 weeks paid holiday allowances each year.

What is a ‘Worker’?
Under the Employment Rights Act 1996 a worker is someone who has:

A contract of employment
Any other contract under which the individual agrees to personally carry out the work in return for a ‘reward’ (i.e. money / promise of further work etc)

If you need help with any aspect of employment law, talk to us. We are employment law specialists and can give you the expert advice you need. Call 01302 320621 or email info@athertongodfrey.co.uk

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