Über Decision Significant for Other Gig Workers, Says Labour Relations Agency

Published on 19 February 2021
Added by keelin.kelly@lra.org.uk
The Labour Relations Agency (LRA) has described today’s (19 February 2021) Supreme Court judgment affecting Über drivers, as a landmark decision.   

The Supreme Court ruled that Über drivers are ‘workers’ and not – as argued by Über – ‘self-employed independent contractors’.  This is significant because exact employment status determines the employment rights and entitlements individuals have, such as the right to be paid National Minimum Wage and entitlement to paid holidays.

LRA Director of Employment Relations Services, Mark McAllister, said: “Today’s decision is not only important for Über drivers in Northern Ireland, it means other, so-called ‘gig workers’ may also be incorrectly classified as self-employed as opposed to workers, and so should check their employment status too.  The Supreme Court’s judgment means that courts and tribunals will consider what actually happens in practice, not just how someone’s employment status is described in their contract.

“The Labour Relations Agency can provide information and advice on how employment status is determined.  However, it is important to remember that if an individual decides to challenge their employment status, the tribunals and courts will make the final decision,” concluded Mark.

The LRA’s Workplace Information Service is available on 03300 555 300 and it has information about employment status at https://www.lra.org.uk/starting-out/who-employee/contractor-versus-employee-versus-worker.

The Labour Relations Agency provides support to employers, employees, workers and independent contractors and all its services are free, confidential and impartial.