Two Uber drivers have taken the company to an employment tribunal arguing that the company should officially recognise them as workers and not, as Uber classifies them, self-employed individuals. Specifically, the drivers claim that Uber should guarantee they receive pay in line with the national minimum wage, with earnings allegedly reaching as low as £5.03 per hour in some months. The drivers also complain the company does not ensure they receive paid holiday which as workers, they are entitled to. The taxi hire service is potentially facing at least a further 17 claims from drivers who also want the company to recognise them as workers. Therefore, the result of these test cases will be critical.
Another company in the spotlight for similar issues is Deliveroo. The company sends cyclists to restaurants to pick up customer orders and deliver the food to their homes. Deliveroo's workers are self-employed, earning around £7 an hour, with an extra fee per delivery. However, the workers provide their own transport and are responsible for their own costs (for example, national insurance).
Unlike Uber, the Deliveroo contracts state the self-employed workers cannot engage in litigation about their employment status. The terms expressly state that, "...neither you nor anyone acting on your behalf will present any claim in the employment tribunal or any civil court in which it is contended that you are either an employee or worker". However, if challenged, it is likely that this clause will be unenforceable as it tries to restrict the individuals' access to established employment rights without commercial justification.
While workers have less extensive employment protection than employees, they continue to benefit from certain basic rights. It is these rights the Uber and Deliveroo self-employed workers believe that they are entitled to. Examples include: the national minimum wage, paid annual leave, protection against unlawful deduction of wages, rest breaks and a maximum working week. With the result of the Uber cases not due for some weeks yet, many self-employed workers, and companies alike, wait in anticipation for the judgments.
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