One Small Step Towards Decent Work: Uber v Aslam in the Court of Appeal

Abstract

In holding that Uber drivers are ‘workers’ for the purposes of the National Minimum Wage and paid holidays, the majority of the Court of Appeal has made an important contribution towards the goal of decent work for Uber drivers in London.1 At the same time, the decision underscores yet again the fragility of using the distinction between ‘workers’ and ‘independent contractors’ as the foundation for rights at work. The distinction is especially unsuited for the large and growing number of workers whose working relationships cannot easily be characterised within the bipolar contractual model, but whose working lives are precarious and vulnerable to exploitation. It is precisely these workers who should be entitled to the benefit of basic employment rights. These strains are particularly acute in the case of ‘platform’ workers,2 where technology permits a radical dispersal of the functions of traditional employers and a multiplicity of work relationships.

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