Uber BV v Aslam

Allegations & issues

Drivers claimed worker protections; Uber argued that they were independent contractors.

Key rulings & findings

The drivers were workers. Working time included periods with the app on, within the authorised territory, and ready and willing to accept trips.

Admissions

The outcome is a court determination, not a recorded admission.

Disposition

Appeal unanimously dismissed on 19 February 2021.

Penalties, damages & redress

This appeal determined status and working time, not an individual compensation amount.

Restrictions & obligations

No regulatory restriction is recorded in this summary.

Why the drivers qualified as workers

The dispute concerned statutory worker protections, including minimum wage and paid annual leave. Uber argued that its role was to provide technology and act as a booking agent, with drivers contracting directly with passengers. The court instead examined the reality of the relationship and the protective purpose of the legislation. [1; 3, Reasons]

The court highlighted Uber’s control over fares, contractual terms, acceptance of trips, service standards and passenger relationships. The drivers’ freedom to choose when to log on did not outweigh those controls over the work once undertaken. The decision concerned worker status under the legislation in issue, rather than declaring that every platform worker holds a contract of employment. [3, Reasons]

Working time and the effect of the appeal

Working time was not limited to carrying a passenger. The tribunal could include periods when a claimant had the app switched on, was in the authorised territory and was ready and willing to accept trips. That distinction matters because the rights claimed depended on the time for which the drivers were working. [1, Facts; 3, Working time]

The tribunal’s findings had survived the Employment Appeal Tribunal and Court of Appeal before the Supreme Court unanimously dismissed Uber’s appeal. The drivers therefore retained the benefit of the worker-status ruling. This entry records that determination; it does not assign an individual compensation figure or purport to resolve later claims involving different facts. [1, Facts; 3, Judgment]

THE UNDERLYING RECORD

Primary sources

Read the full documents for their precise wording and context. Regulator summaries are identified separately from court records.