- The drivers are ‘workers’ from the moment they switch on their apps, and are available for work in their area, to the time when they switch their apps off at the end of the day (or, presumably, for a break).
- The reality of the relationship between UBER and its drivers was not be bound by what your contract documentation states and that the tribunal was entitled to find that Uber drivers are ‘workers’, not self-employed subcontractors.
The Supreme Court ruled that drivers were entitled to claim minimum wage (including backpay for minimum wage), with their minimum wage claims being based upon their entire working day, not just when they had a rider in their cabs and other benefits that a worker would be entitled to such as 5.6 weeks’ paid annual leave each year, pension contributions, employer national insurance contributions and that they will have whistleblowing and similar rights.