1. What is the outcome of Uber’s appeal to the Supreme Court against Uber drivers employment rights claim?
The Court gave it's judgement on 19th February 2021 and Uber has lost it's appeal to the Supreme Court.
2. What issues was the Supreme Court asked to give judgement on?
The issues before the Supreme Court were:
1- Whether Uber drivers were "workers" for employment status purposes?
2- If they were "workers", what periods constituted their "working time"?
The Court decided:
1- Uber drivers were “workers” for employment status purposes and
2- For ‘working time’ purposes, drivers are regarded as working during any period when they were within the territory in which they were authorised to work, had the Uber app switched on and were ready and willing to accept trips.
3. Does being classed with ‘worker’ employment status mean Uber drivers will no longer be self-employed for tax purposes?
No is the short answer. Uber drivers are and will continue to remain self-employed, paying self-assessment tax. There is no change in drivers tax status.
Payments to “workers” is an intermediate employment status giving employment rights and is not subject to PAYE Tax.
Indeed, Jason Galbraith-Marten QC representing Uber drivers in the Supreme Court said, “worker are very likely to be self-employed for tax purposes”.
Drivers would be self-employed with ‘worker’ employemnt status protection.
4. What does it mean for Uber drivers to be given “worker” employment status protection?
(b) The right not to receive less than the minimum wage after taking account of their expenses for costs incidental to owning and running the vehicles, including fuel, repairs, maintenance, servicing, MOT inspections, road tax, insurance, car leasing fees and depreciation of the vehicle.
5. Can I claim, if I am using other apps at the same time as using the UBER app?
Yes, you are entitled to claim.
9. Can I claim compensation and continue working for Uber?
By making a claim you are only asking for your right to what you are legally owed.
10. What are the charges to make a claim?
You will only have to pay anything if you win. You will not have to pay anything up front. Any payment would only come out of the money we recover from Uber on your behalf.
We will conduct your case under a no win no fee agreement. If you win, our fees will be deducted from your damages. If you do not win your claim, then you will not be liable to pay anything. If you are successful, our fees are 25% plus VAT of damages recovered.
11. How do I register my compensation claim?
You can register your claim with us now.
6. What periods constitute my 'working time', if I am logged into other taxi apps at the same time as being logged into the UBER app?
Where drivers are logged into the UBER app alone they are considered to be working for Uber for as long as they are logged into it's app.
However, where drivers are logged into other taxi apps at the same time as being logged into the Uber app they are considered to be working for the time they are on a trip.
In other words, time waiting for trips or being on call do not constitute drivers working time.
8. How much compensation could Uber drivers claim?
The amount of compensation you may be entitled to depends upon how many hours you work and how long you have worked for Uber. Please use the compensation estimator to see how much you could be entitled to claim per year. Click Here
7. What documents will I need to provide to make a compensation claim?
Under employment law the obiligation or the burden of proof is on Uber to show that you were paid at least the national minimum wage after taking account of your vehicle related expenses.
When making your claim for back pay compensation, we will be requesting from Uber disclosure of your working history including hours worked and payments received in order for us to properly calculate the exact compensation you may be entitled.
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