Uber drivers brought claims for worker rights, including minimum wage and paid holiday. Uber's contracts described the drivers as independent contractors using the app to contract with passengers, but the tribunals looked at how the relationship worked in practice, including Uber's control over fares, contractual terms, performance management and access to the platform.
Selected cases
UK Supreme Court · [2021] UKSC 5
Uber BV v Aslam
The UK Supreme Court held that Uber drivers were workers for statutory employment rights purposes.
UK Supreme Court19 Feb 2021
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Quick read
- Businesses using contractors, platform workers or gig-style models should test the real relationship, not just the label in the contract.
- The UK Supreme Court held that Uber drivers were workers for statutory employment rights purposes.
Use this to check
- Contract labels do not settle worker status
- Operational control can matter more than paper independence
- Payroll, holiday pay and minimum wage exposure should be assessed before scaling a workforce model
Decision snapshot
What happened
- Uber drivers brought claims for worker rights, including minimum wage and paid holiday.
- Uber's contracts described the drivers as independent contractors using the app to contract with passengers, but the tribunals looked at how the relationship worked in practice, including Uber's control over fares, contractual terms, performance management and access to the platform.
What the court had to decide
- The Court had to decide whether the drivers were workers under UK employment legislation, and whether the contractual labels chosen by Uber could determine the statutory position.
What the court decided
- The Supreme Court dismissed Uber's appeal.
- It held that worker status is determined by the statutory purpose and the reality of the relationship, not simply by the written contract.
- The drivers were workers during periods when they were logged into the app, in their territory and ready to accept trips.
Practical impact
Practical read
- Businesses using contractors, platform workers or gig-style models should test the real relationship, not just the label in the contract.
- Control over pricing, performance, acceptance, customer contact and substitution can point toward worker status even if the agreement says otherwise.
Useful next steps
- Contract labels do not settle worker status
- Operational control can matter more than paper independence
- Payroll, holiday pay and minimum wage exposure should be assessed before scaling a workforce model
How businesses should read it
Businesses using contractors, platform workers or gig-style models should test the real relationship, not just the label in the contract. Control over pricing, performance, acceptance, customer contact and substitution can point toward worker status even if the agreement says otherwise.
Key takeaways
- Contract labels do not settle worker status
- Operational control can matter more than paper independence
- Payroll, holiday pay and minimum wage exposure should be assessed before scaling a workforce model