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EAT finds Uber drivers are workers not self-employed

Following a number of cases this year regarding whether individuals are workers or genuinely self-employed, the EAT has agreed with a tribunal ruling that individuals working for Uber as workers so entitled to protection under various laws, including the national minimum wage and working time regulations.

When drivers had the app switched on, they were obliged to be "able and willing to accept assignments", were subject to a requirement that they "should accept at least 80% of trip requests", and would suffer a penalty if they cancelled a trip once accepted. Those matters were indicative of a worker relationship and inconsistent with the contractual documentation or a suggestion that drivers were in business on their own account. The Tribunal had to "determine what was the true agreement between the parties".

It is expected that they will appeal the decision.

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