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Employment lawGig economyEmployment contractsFreelance workers

Uber application to send case straight to Supreme Court is refused

by Jo Faragher 5 Dec 2017
by Jo Faragher 5 Dec 2017 Former Uber drivers James Farrar and Yaseen Aslam arrive at the Employment Appeal Tribunal last month
Vickie Flores/LNP/REX/Shutterstock
Former Uber drivers James Farrar and Yaseen Aslam arrive at the Employment Appeal Tribunal last month
Vickie Flores/LNP/REX/Shutterstock

Uber’s application to “leapfrog” an appeal to the Supreme Court has been refused.

Gig economy cases

Aslam and others v Uber BV and others

Dewhurst v CitySprint UK Ltd

Boxer v Excel Group Services Ltd (in liquidation)

It follows last month’s Employment Appeal Tribunal dismissal of the cab hailing company’s appeal in the case of Uber v Aslam.

The EAT confirmed that Uber drivers were workers and should therefore claim basic workers’ rights such as sickness and holiday pay.

Uber then applied for permission to bypass the Court of Appeal, which would typically be the next step, and send its appeal straight to the Supreme Court. This type of exception is only granted in a small minority of important cases.

This application has been refused, and the appeal will be heard by the Court of Appeal some time next year.

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The Supreme Court will hear another employment status case early next year, however, when Pimlico Plumbers appeals against a decision that one of its plumbers who had signed a self-employment contract is in fact a worker.

This case will see the highest court in the UK make a decision on employment status, so will be watched with interest.

Uber
Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

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