Uber has lost its appeal to the Employment Appeal Tribunal against their earlier decision that the drivers were workers for employment law purposes.
The decision rests heavily on their being a mutuality of obligation between the parties. This arises where a business is obliged to offer work to the worker and the worker is obliged to do the work offered.
This is an important test in determining employment status as if your worker can turn down the work offered then they cannot be an employee.
This case also highlights the wider need for an updating of the tax system to reflect the growing ‘gig’ economy, with workers looking increasingly for a balance between a more flexible way of working and workers rights.
For more information, please contact Lesley Sutton on 01484 550037 or email firstname.lastname@example.org.