News Article

Addison Lee, Deliveroo and Uber drivers are employees, rules the Employment Appeals Tribunal

Addison Lee has been another recent case that highlights the need for contracts to meet the legal tests required, when establishing the working reality of ‘Employee vs self-employed. 

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In the case of Uber BV and others v Aslam and others, earlier in November, the EAT found the below characteristics had the hallmarks for Drivers being workers; 

• Potential Drivers are interviewed, and successful drivers attend an induction 
• Drivers can be dropped if their ratings fall 
• Drivers can be dropped if they commit serious misconduct 
• While Uber drivers can choose when they work, they are required to undertake to provide the work personally for Uber, which is one of the hallmarks for establishing an employment relationship 

The definition of ‘Worker’ is; 

Section 230(3)(b) Employment Rights Act 1996 (‘ERA’) – contains a definition of a ‘worker’ (essentially someone who has entered into or works under a contract of employment or any other contract whereby the person has to do the work personally, subject to a few carve outs).

Employers would be wise to ensure the reality of the working practice reflects the nature of the established contractual working relationship. 

For any further advice or information please contact the team here at SFB Consulting. Our offices are based in Bishop’s Stortford and London, but we offer our services and consultancy UK wide. 

T:01279 874 676 

E:info@sfb-consulting.com