UK HR Two Minute Monthly: employment status, harassment and reasonable steps, workplace surveillance and unfair dismissal
March 25, 2021
Authored by: Jackie Thomas
The Supreme Court Delivers Verdict in Landmark Uber case
As we reported in our dedicated update, the Supreme Court gave judgment in the final appeal in relation to the Uber litigation at the end of February, unanimously concluding that the Uber drivers who brought claims against Uber in 2015 were workers within employment legislation.
Why this matters?
The outcome of this case has been long awaited given its importance to gig economy businesses. The Supreme Court found that the rights asserted by the drivers were not contractual rights but rather rights granted under statute. As such, while the contract between the parties is something that the courts can consider, the correct approach is to consider all the relevant circumstances, which will also include the relationship between the parties in practice and the general purpose of the legislation in question.
It is worth noting that this assessment must be carried out on a case-by-case basis and, as such, this decision does not determine the status of all gig employee workers. The issue of employment status therefore remains an area of debate.
Employer unable to rely on “reasonable steps” defence in respect