Uber v Aslam: The Contract Is Not Always the Starting Point
In Uber BV v Aslam [2021] UKSC 5, the Supreme Court held that employment status is determined by the statutory protection and the reality of the relationship, not simply by contractual wording drafted by the business.
Uber drivers were found to be workers during periods when they were logged into the app, within their authorised area and ready and willing to accept trips.
Key finding
A business cannot determine statutory status merely by writing contractual terms that describe individuals as independent contractors.
Lesson
The Tribunal will examine who controls the work, sets the terms and bears the real bargaining power.
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