An Employment Tribunal has, this afternoon, ruled that two drivers who provide services to gig economy stalwart Uber are 'workers' within the meaning of the Employment Rights Act 1996.
This means they will be entitled to a limited number of employment rights (but not those accruing to 'employees' - which this case was not about). Amongst other rights, they will be entitled to:
- 5.6 weeks' paid annual leave each year
- a maximum 48 hour average working week, and rest breaks
- the national minimum wage (and the national living wage)
- protection of the whistleblowing legislation.
As they are not employees, they will not be entitled to:
- the ability to claim unfair dismissal
- the right to a statutory redundancy payment
- the benefit of the implied term of trust and confidence
- the protection of TUPE, if Uber sells its business
It is likely that this Tribunal decision will be appealed.