Lawyer comments on U.K Supreme Court Uber decision

The United Kingdom’s Supreme Court has ruled that Uber drivers must be treated as employees and not self-employed independent contractors. What impact will this decision have for contract workers globally? Will this ultimately have an effect on the class action lawsuit again Uber in Ontario?

An Ottawa employment lawyer at Samfiru Tumarkin LLP answers these questions and more on CBC Radio’s On the Coast.

What They Discussed

How significant is the U.K Supreme Court’s Uber ruling?

This is a notable ruling as there have been many cases against Uber globally on behalf of drivers who feel they are not being fairly treated by the company.

What benefits would be available to Uber drivers if they are considered employees?

Uber drivers in Canada would have all of the protections for employees specified in the Employment Standards Act. These rights would include the minimum wage, holiday and vacation pay, etc.

What could the U.K Supreme Court’s decision mean for the current Ontario class-action against Uber?

While technically an Ontario judge is not bound by a decision made by the U.K Supreme Court, it could be an indicator of a similar decision as the legal system in the U.K is similar to Canada’s.

How do Uber drivers in Canada feel they are treated by the company?

Canadian Uber drivers have expressed their satisfaction that there has been a class-action launched against Uber. Many drivers in Canada have grievances against the company but have not felt comfortable airing their complaints as they don’t have the same protections as employees.

Are there disadvantages for Uber drivers in being treated as employees?

The only concern in classifying drivers as employees seems to be regarding flexibility and hours. These worries however are not part of the consideration in deeming drivers as employees and ultimately should not be affected.

How could Uber react if they continue to lose legal battles?

Hopefully, the U.K Supreme Court’s decision indicates to Uber that they should be complying with Employment Standards legislation instead of depriving employee’s rights.

How long could it be until Uber drivers in Canada are considered employees?

The Ontario class-action lawsuit against Uber would be the first step in making this a nation-wide designation. If Uber ultimately decides to fight these changes every step along the way, Uber drivers in Canada won’t be classified as employees for at least a few more years.