Visit JCPCUKSC/2019/0029
•
EMPLOYMENT
Uber BV and others (Appellants) v Aslam and others (Respondents)
Case summary
Case ID
UKSC/2019/0029
Parties
Appellant(s)
Uber BV
Uber London Ltd
Uber Britannia Ltd
Respondent(s)
Yaseen Aslam
James Farrer
Robert Dawson and others
Issue
Whether the Respondents were "workers" providing personal services to the Second Appellant. If the Respondents were "workers", what periods constituted their "working time".
Facts
The Appellants are members of a group of companies providing private hire vehicle booking services in the UK and internationally. Journeys are booked through the Appellants' smartphone app, which connects passengers to drivers. The Respondents are drivers who are or were active users of that app. The Respondents contend that, during the periods covered by their claims, they were "workers" for the purposes of the Employment Rights Act 1996, the National Minimum Wage Act 1998 and the Working Time Regulations 1998. As such, the Respondents claim that they were entitled to the minimum wage, paid leave and other legal protections. The Appellants argue that the Respondents were independent, third party contractors and not "workers". Following a preliminary hearing, the Employment Tribunal found that the Respondents were "workers" and that they were "working" whenever they (a) had the Appellants’ app switched on; (b) were within the territory in which they were authorised to work; and (c) were able and willing to accept assignments. These findings were upheld by the Employment Appeal Tribunal and the Court of Appeal. The Appellants now appeal to the Supreme Court.
Date of issue
30 January 2019
Judgment appealed
Judgment details
Judgment date
19 February 2021
Neutral citation
[2021] UKSC 5
Judgment links
Judgment summary
19 February 2021
Appeal
Justices
Hearing dates
Full hearing
Start date
21 July 2020
End date
22 July 2020
Watch hearings
21 July 2020 - Morning session
21 July 2020 - Afternoon session
22 July 2020 - Morning session
22 July 2020 - Afternoon session
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here.. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Change log
Last updated 16 April 2024