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Uber loses in appeal of employment rights case

  • United Kingdom

    14-11-2017

    Following today’s Employment Appeal Tribunal (EAT) judgment against Uber, Diane Gilhooley, Global Practice Group Head of Human Resources and Pensions at Eversheds Sutherland, comments:

    “Today’s decision is far from being the final word on this matter. Uber will undoubtedly look to bring a further appeal and the case could leapfrog the Court of Appeal and go straight to the Supreme Court, to be heard alongside an appeal in a similar case against Pimlico Plumbers in February 2018.

    “This judgment follows similar successful worker claims involving motor and cycle couriers, drivers and foster carers. While each decision is fact-specific, this emerging trend serves as a warning to businesses with large ‘on demand’ freelance and contractor workforces.

    “In particular, such employers should conduct a review to assess the potential risks of misclassifying their status, including the affordability and practicability of paying statutory minimum wage, pension auto-enrolment and holiday pay entitlements, where applicable.”

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