Kate Brooks

Partner, Solicitor & Head of Employment/HR Services

DATE PUBLISHED: 20 Jul 2016 LAST UPDATED: 09 Jun 2021

Uber taxi drivers claim employment rights

There is a test case going on in London employment tribunals this week and a judgment is expected in a couple of weeks.

The employment tribunal are asked by several Uber taxi drivers to determine their correct working status and whether in fact they are entitled to employment rights afforded to workers for example: holiday pay, minimum wage and the right not to deduct monies from wages.

Remember that you can only lawfully deduct money from wages if you have an employee’s agreement in writing. We recommend that this should be included in all employment contracts.

Ultimately the correct worker status is a question to be decided by a tribunal, court or HMRC based on a number of factors. In summary, the following tests are used to determine employment status:

  • Mutual obligations
  • Personal service
  • Control
  • Exclusivity
  • Nature and length of the engagement
  • Pay and benefits
  • Integration
  • Facilities and equipment
  • Financial risk
  • Taxation

If you are in any doubt over worker status the HMRC calculator is a useful tool. Feel free to contact us for a preliminary opinion.

We strongly recommend that there is a contract in place to define the employment relationship. Even though a tribunal could decide that a contract is a sham, it is a very good starting place to show the intentions of both parties. So if you engage self employed people, workers or employees you should have a contract in place. If you have any queries about the above or would like us to prepare contracts for you, please contact the employment team on 01202 057752 and we will be more than happy to discuss your requirements.

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