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UK Supreme Court delivers verdict in landmark Uber case

Overview

The Supreme Court has unanimously concluded that the Uber drivers who brought claims against Uber in 2015 are workers within employment legislation, giving them the range of rights attached to that status, such as the national minimum wage, the right to paid leave and whistleblowing protection.

Facts and Employment Tribunal decision in 2016

As many of you will be aware, Uber is a ride-hailing service which operates through an app downloaded to a user’s smartphone. The app enables a user to request a ride and be picked up from a pre-selected location. 25 Uber drivers brought a case against the company, which reached the Employment Tribunal (ET) in 2016. The drivers sought to be categorised as workers as opposed to self-employed contractors. Uber’s position was that it simply provided a technology platform which facilitated the provision of private hire vehicles to customers. Uber argued that it served as an agent, with the driver and passenger entering into a direct contract for each journey.

The ET concluded that the drivers were workers. In reaching this decision, the ET considered the following factors:

  • Uber mandated drivers to accept bookings and drivers who repeatedly cancelled would face sanctions
  • Uber imposed conditions on drivers and instructed them on how to carry out their roles
  • Uber controlled fares, disputes and refunds

The ET concluded that it was entitled to look at the reality of the situation, rather than what the contracts between the drivers and Uber stated.

Supreme Court verdict

Uber unsuccessfully

Coronavirus (UK): Is ‘long-covid’ likely to be classed as a disability under the Equality Act?

This post considers whether ‘long-covid’ is likely to be classed as a disability under the Equality Act 2010, and provides practical guidance for employers.

At the time of writing, it is estimated that approximately 100 million people have now contracted Coronavirus. Whilst the majority of those infected go on to make a full recovery, some suffer continuing symptoms once the initial infection has gone. These symptoms are commonly referred to as “long-covid”. According to the NHS, some of the most commonly encountered symptoms of long-covid include; (i) extreme tiredness; (ii) shortness of breath; and (iii) problems with memory and concentration. A recent study estimated that there are currently 60,000 people in the United Kingdom alone suffering from long-covid.

Ultimately, some of those suffering from long-term health conditions may be classed as disabled under the Equality Act 2010 (“EQA”). This article considers the circumstances in which long-covid would classified as a disability under the EQA.

Definition of a disability under the EQA

The EQA prohibits discrimination in respect of numerous protected characteristics, including disability. Section 6 and Schedule 1 of the EQA define a “disability”. It is important to note that the legal definition of disability does not always reflect what people may ordinarily class as a disability, and attention should be paid to the legal definition to prevent individuals who are not suffering from symptoms typically associated with a disability being overlooked.

Some conditions do not need to meet the legal test as they are classed as “deemed disabilities”.  These

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