THE Supreme Court has ruled against Uber and said that drivers should be classed as workers.
Seven justices ruled on the latest round of a long-running fight between Uber operating companies and drivers today, following a hearing in July.
Uber operating companies, who said drivers were contractors not workers, appealed to the Supreme Court after losing three earlier rounds of the fight.
Justices dismissed Uber’s appeal in a decision the GMB union said was “historic”.
Lawyers said the ruling will have implications for the gig economy.
An employment tribunal ruled in 2016 that Uber drivers were workers, and were entitled to workers’ rights.
That ruling was upheld by an employment appeal tribunal, and by Court of Appeal judges.
Lawyers representing Uber operating companies told Supreme Court justices that the employment tribunal ruling was wrong. They said drivers did not “undertake to work” for Uber but were “independent, third party contractors”.
But lawyers representing drivers said the tribunal was entitled to conclude that drivers were working.
A law firm enlisted by GMB to represent Uber drivers says they will now be entitled to compensation for lost pay.
Leigh Day lawyers think tens of thousands of Uber drivers could be entitled to an average of £12,000 each.
A Leigh Day spokeswoman said the case would return to an employment tribunal, for decisions to be made on how much compensation drivers should get.
Mick Rix, GMB national officer, said: “This has been a gruelling four-year legal battle for our members – but it’s ended in a historic win.
“The Supreme Court has upheld the decision of three previous courts, backing up what GMB has said all along; Uber drivers are workers and entitled to breaks, holiday pay and minimum wage.
“Uber must now stop wasting time and money pursuing lost legal causes and do what’s right by the drivers who prop up its empire.
“GMB will now consult with our Uber driver members over their forthcoming compensation claim.”
READ MORE: Gordon MacIntyre-Kemp: Uber must act responsibly ... or else get off the road
Mark Cairns, an Uber driver in London for five years, said in a statement: “It’s been a long time coming but I’m delighted that we’ve finally got the victory we deserve.
“Being an Uber driver can be stressful. They can ban you from driving for them at the drop of a hat and there’s no appeal process.
“At the very least, we should have the same rights as any other workers and I’m very glad I’m part of the claim.”
In the coming weeks, only subscribers will be able to comment on The National articles. Subscribe now or log in to make sure you stay a part of the conversation.
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions. What should we do with our second vote in 2021? What happens if Westminster says no to indyref2?
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversation, register under fake names, and post vile abuse. We’ve had hundreds of emails from you complaining about this, asking us to take steps to ensure that these people aren’t given a platform on our site.
We’re listening to you, and here’s how we plan to make that happen.
We have decided to make the ability to comment only available to our 10,000 paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them.
We’ll be monitoring this change over the first few weeks, and we’re keen to know your thoughts. Email us at letters@thenational.scot if you want to have your say.
Callum Baird, Editor of The National
Last Updated:
Are you sure you want to delete this comment?
Report This Comment