Uber Unpaid Wages & Holiday Pay Claims

The Challenge: Drivers Treated as Self-Employed

On 19 February 2021, the UK Supreme Court handed down its unanimous judgment in Uber BV v Aslam [2021] UKSC 5. The court held that Uber drivers are workers — not self-employed independent contractors as Uber had argued — and are therefore entitled to employment rights including the national minimum wage and paid annual leave.

The key finding was that Uber exercised significant control over its drivers: setting fares, controlling the customer relationship, penalising drivers who rejected trips, and monitoring performance ratings. This degree of subordination and dependency gave drivers worker status in law.

What Drivers Were Entitled To Claim

Uber drivers who worked between 2015 and 2021 were entitled to claim:

• Unpaid holiday pay — 28 days paid leave per year accruing from log-on to log-off
• Unpaid wages — the shortfall between what Uber paid and the national minimum wage for working time

Individual claims were estimated at up to £12,000 per driver depending on how long they had worked for Uber.

The Process: How the Claims Were Brought

Scottish Claims Helpline identified eligible Uber drivers across Scotland and referred them to Dallas McMillan solicitors to pursue their compensation claims. Our referred drivers received a combined total of approximately £2.425 million in compensation — calculated from our 4p per pound referral fee of £97,000.

The Outcome

Dallas McMillan secured compensation for Scottish Claims Helpline’s referred Uber drivers. The total compensation received by our referred clients was approximately £2.425 million. This represented one of the largest group employment law outcomes that Scottish Claims Helpline has been involved in.

Timeline

• 2015
  Two London Uber drivers, Yaseen Aslam and James Farrar, lodge Employment Tribunal claims arguing they are workers, not independent contractors.
• October 2016
  The Employment Tribunal rules that Uber drivers are workers. Uber appeals to the Employment Appeal Tribunal (2017) and the Court of Appeal (2018), losing at each stage.
• 19 February 2021
  The UK Supreme Court unanimously dismisses Uber’s final appeal in Uber BV v Aslam [2021] UKSC 5, confirming worker status and the right to the national minimum wage and paid holiday.
• March 2021
  Uber announces that all its UK drivers will be treated as workers going forward. Backdated claims for the period 2015–2021 remain to be pursued individually.
• 2021 onwards
  Scottish Claims Helpline identifies Uber drivers across Scotland and refers them to Dallas McMillan solicitors for backdated holiday pay and minimum wage claims. Referred clients receive approximately £2.425 million in total.