An employment tribunal has confirmed that Uber drivers are workers and therefore entitled to the National Minimum Wage for all hours when they are available to accept work. Uber had drawn up complicated documentation with a view to drivers being treated as customers of Uber, who paid Uber for leads supplied to them. The tribunal did not accept that argument.
The case illustrates the folly of attempting to draw up documentation to avoid employment status where that documentation does not reflect the reality. If you have any questions about employment status, please give us a call. If you want some bedtime reading, here’s the judgement. (If you can’t be bothered to read it all, paragraph 87 is entertaining!)