UBER DRIVERS: CLAIM
WHAT WAS THE SUPREME COURT RULING?
According to Uber, its drivers were self-employed therefore not responsible for paying any minimum wage nor holiday pay. Former drivers James Farrar and Yaseen Aslam took Uber to an employment tribunal in 2016, on this key point and originally won against the ride hailing app giant in October 2016
Uber appealed, but the Employment Appeal Tribunal upheld the ruling in November 2017 and the Court of Appeal upheld the ruling in December 2018.
On 19th February 2021, the Supreme Court, the highest court in Britain established once and for all that Uber drivers are in fact workers. The Court unanimously dismissed Uber’s appeal that it was an intermediary party and stated that drivers were in a position of subordination to Uber and should be considered to be working not only when driving a passenger, but whenever logged in to the app.
WHAT DOES THIS MEAN FOR WORKERS?
The significance of the ruling that Uber drivers are ‘workers’ is that they are entitled to basic employment rights including national minimum wage, holiday pay, and a company pension as well as protection from discrimination.
Furthermore, Uber has to consider its drivers “workers” from the time they log on to the app, until they log off including the time drivers typically spend waiting for people to book rides on the app. Uber had said that if drivers were found to be workers, then it would only count the time during journeys when a passenger is in the car.
WHAT CAN UBER DRIVERS CLAIM?
The Supreme Court ruling means that each and every Uber driver in the UK is entitled to claim the following in the Employment Tribunal:
• Unlawful deductions from wages
• Minimum wage for their full working day (not the number of customers obtained
• Unpaid annual leave
• Other employment rights
HOW CAN FAIRMONT LEGAL HELP?
If you are/were an Uber driver or you have provided any type of service as a worker under short-term contracts or as a freelancer and paid per job, our team of experts can help you claim payments which you are rightfully owed.
WHAT WILL IT COST?
We will act for you under a “no win no fee” agreement, meaning you don’t pay us a penny unless you win your claim. If your claim succeeds, our fee will be a percentage of your compensation
If successful, we will deduct 25% plus VAT from your compensation for our legal fees.
Eg; if you are awarded £10,000 our fees will be calculated as follows:
£10,000 x 25% : £2,500
Vat at 20% : £ 500
Total Fees : £3,000
Balance to you : £7,000
In the unlikely event that you are unsuccessful, you pay nothing.
STEPS TO MAKING YOUR CLAIM
Step 1: Complete a short questionnaire either online or over the telephone.
Step 2: If we assess that you have grounds to claim, we will ask you to confirm our Terms & Conditions and immediately pass your claim to a dedicated solicitor.
Step 3: Leave the rest with us
HOW WILL YOUR AWARD BE CALCULATED?
According to research carried out following the court ruling, it is estimated that Uber drivers are eligible to receive up to £12,000.
The Working Time Regulation (WTR) states that a worker is entitled to be paid at the rate of a week’s pay for each week of holiday.
If you worked irregular hours, a week’s pay will be calculated by working out the average weekly pay over the previous 52 complete weeks.
The National Minimum Wage (NMW) calculation involves working out an hourly rate of pay by referring to a pay reference period and dividing the payments received by the hours worked during that reference period. The Court ruling that Uber drivers were working even when logged into the Uber app and not just when they were driving is important to this aspect of the claim.
MAKE A FREE ENQUIRY
If you have any questions, are unsure if you have the right to claim or would like to discuss submitting a claim, you can contact us by:
Telephone: 01204 866597
Online Enquiry: https://www.fairmontlegal.co.uk/uber-drivers-claim/
Get in touch for a no-obligation conversation with one of our experts.