South Coast: Trethowans assesses possible impact of Uber case

Simon Rhodes, senior partner and head of employment at Trethowans, which has offices across the South Coast, has pointed out that taxi-hailing company Uber’s losing its battle in the significant recent employment-tribunal test case could have implications on businesses across the region.

The London employment tribunal ruled that Uber acted unlawfully by not paying holiday or sick pay to its drivers. The test case was brought forward by two drivers who claimed they were employed by Uber, complaining that they did not have basic workers’ rights. Uber argued that its drivers are self-employed, not workers or employees and that it does not set shifts or minimum hours, or make drivers work exclusively for the company.

Rhodes commented: “While this decision does not set a legal precedent because it was made in an employment tribunal, it could set a precedent when Uber takes the case to appeal.”

He added: “Uber isn’t the only company taking on self-employed workers. It seems that Deliveroo, for example, follows a similar model and this week’s result for Uber could potentially encourage its drivers to make claims. The ramifications for the ‘gig economy’, including the businesses operating in it, the people who work in it and the consumers who use it, could be huge.”

His advice to companies would be: “Review the status of every person doing work for you and if your staff are genuinely self-employed then make this very clear in the contract you enter into with them.”