The Employment Appeal Tribunal (“EAT”) has dismissed an appeal against a lower tribunal's decision that Uber drivers were workers for the purposes of the Employment Rights Act 1996, the National Minimum Wage Act 1998 and the Working Time Regulations 1998 (WTR 1998). The EAT rejected Uber's argument that it was simply a technology platform acting as agent for drivers. This decision will be of interest to other gig economy businesses operating similar models to Uber, as well as those people working for such businesses.
It is reported that Uber intends to appeal the EAT's decision and that it is considering applying to appeal direct to the Supreme Court, leapfrogging the Court of Appeal. (Uber BV and others v Aslam and others UKEAT/0056/17.)