U.K Supreme Court ruling on Uber drivers

Uber drivers in the United Kingdom will finally be classified as employees in a significant ruling made by the U.K Supreme Court. This ruling could potentially have implications for the company globally as well as for gig workers everywhere.

Lior Samfiru, an employment lawyer and partner at Samfiru Tumarkin LLP spoke with Jeff Mcarthur on Global News Radio’s 640 Toronto on the recent decision as well as the ongoing Ontario class-action lawsuit against Uber.

What They Discussed

What exactly did the U.K Supreme Court rule in favour of?

The U.K Supreme Court ultimately decided that Uber had a great deal of control over its drivers. As Uber decides where they can go, how much they are paid, can penalize them, etc., the Supreme Court felt they are employees.

How are employees and independent contractors generally differentiated?

The relationship between the company and the individual is very important in determining whether or not an individual is an employee or contractor. Often the amount of control an employer has over an individual indicates whether or not there has been a misclassification.

What does the U.K Supreme Court’s Uber decision mean for drivers?

For drivers that have been asking for vacation pay and overtime, etc, this is great news. This ruling is also possibly indicative of how other lawsuits against Uber will end.

Will the decision in the U.K influence Uber’s behaviour towards its drivers globally?

Uber seems to be determined to fight all of the cases currently launched against them. The process in Ontario doesn’t seem like it will be shortened but it is potentially an indicator of how Ontario courts will rule.

Could this recent ruling in the U.K also affect Uber Eats drivers?

Ultimately, how Uber operates across its divisions is very similar and so all of Uber drivers are currently operating under the same level of control.

Does this decision impact the shared economy and gig workers?

The U.K Supreme Court’s decision regarding Uber does affect all industries and company’s that currently employ gig workers. Many companies will have to make a choice on how they want to operate.

Are there situations in which it is beneficial to be a contract worker instead of an employee?

There are tax implications for independent contractors if they are truly independent workers. However, many individuals who are actually misclassified and are employees could face penalties.