Uber Drivers Employment Compensation

The Legal Background

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 made drivers workers 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
• National minimum wage — the difference between what Uber paid and the national living wage for working time

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

How Scottish Claims Helpline Was Involved

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.