GMB Uber claim: Summary from Our Legal Director

Uber claim: Summary

What did the employment tribunal decide?

The employment tribunal ruled on Friday 28 October 2016 that the 19 Uber drivers who brought a claim against Uber are workers and that Uber is wrong to label them as self-employed.

What are workers entitled to?

National minimum wage: All workers are entitled to be paid at least national minimum wage of £7.20 per hour (for over 25s). Any expenses in connection with work are taken into account, so that workers must receive minimum wage after expenses.

Holiday: Full time workers are entitled to 28 days’ paid holiday per year (pro rata for part time workers).

Are drivers entitled to back pay?

Yes and We are claiming back pay for drivers. This goes back for 2 years and comprises claims based on the entitlements above, so:

- back pay for all holiday drivers should have been entitled to over the previous 2 years; and
- compensation if drivers were paid less than minimum wage over the previous 2 years.

How will it affect drivers going forward?

Going forward, drivers will also be entitled to receive paid holiday and to be paid at least the national minimum wage.

How many drivers does it affect?

The judgment binds all 19 Claimants who were part of this claim (not just the 2 test claimants, as Uber is saying). Further it has implications for all drivers with those contracts. They should contact us urgently to register their claims.

How can other drivers claim their entitlements?

If drivers want to receive back pay and ensure they receive the correct entitlements going forward, they need to make a claim.

In order to join our claim, drivers should contact steve.garelick@gmbdrivers.org.uk or Leigh Day on 020 7650 1200 or drivers@leighday.co.uk. If they are in the similar circumstances to our current claimants (which most all drivers will be), they will also be entitled to paid holiday and to be paid at least national minimum wage and make claims for back pay.

GMB funds the cost of litigation for our members. In order for GMB to fund your legal case, you must join the GMB online today and be in good standing throughout the litigation.

What are the timescales

Uber has said that they will appeal against the judgment. Any appeal by Uber will go to the Employment Appeal Tribunal, after which there is the possibility of further appeals to the Court of Appeal and the Supreme Court. The appeal process could take months or, if there are a number of appeals, up to around two years. We will obviously strongly resist any appeals.

After the appeal process has finished, if Uber is unsuccessful, the next stage will be another hearing in the employment Tribunal which will decide:

- how much back pay the drivers are owed for unpaid holiday pay and
- for receiving less than the minimum wage

This should take around 6 months to 1 year maximum.

Please join the GMB today and contact us about bringing your claim.

www.gmb.org.uk

Maria Ludkin
Legal Director

Posted in Branch News
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