Commenting on the decision by the Court of Appeal to uphold the employment tribunal decision that two Uber drivers should be treated as workers rather than self-employed, Carolyn Brown, partner and head of client legal services at RSM said:
‘The Court of Appeal today agreed that the agreements Uber documents with its drivers are not the reality of their legal connection. They assessed the actual arrangements and found them to be workers.
‘However, Uber will be encouraged in their appeal to the Supreme Court by the fact that this was a majority decision. More expensively for Uber, the Court also agreed that its drivers are working whilst logged on to the Uber app even if they don’t have a fare, extending their working time.
‘We must assume an appeal to the Supreme Court will need to be the decider.’