22 Feb 2021

UK courts:Uber drivers are not self-employed

From First Up, 5:50 am on 22 February 2021

Should Uber drivers be entitled to the minimum wage and holiday pay? Well, according to the United Kingdom's highest court, the answer to that question is a resounding YES In a landmark decision, the country's Supreme Court ruled that Uber drivers are not self-employed contractors - as the rideshare giant has always maintained - but workers who must receive all of the benefits that entails. Delivering the judgement, Lord Leggatt said that the court unanimously dismissed Uber's appeal that it was an intermediary party. He stated that drivers should be considered to be working not only when driving a passenger, but whenever logged in to the app. The decision has huge implications for the so-called "gig economy" in the UK, where the likes of Uber and Delivaroo have been able to avoid meeting the most basic workers rights on the grounds, they argue, that their drivers are independent, self-employed "partners". In New Zealand, similar moves are underway and the UK decision will no doubt be of interest to lawmakers and "gig economy" workers here. Nathan Rarere spoke with employment relations expert Max Whitehead.