So the GMB and the two Uber drivers who thought they ought to receive holiday pay and be guaranteed the national living wage have won their case. An employment tribunal has ruled that Uber was wrong to classify them as self-employed as their contracts placed too much demand on them to work at particular times – a condition which indicates employment rather than self-employment.
What the other 40,000 Uber drivers think of the case is not clear. On the one hand, having status as employees would offer them a guaranteed £7.20 an hour and paid holidays. On the other hand, it would mean paying higher National Insurance contributions and less flexibility to work when they want to. It would make it much more difficult for them to combine driving a cab with doing other work. No longer would they be able to choose to work just the peak hours when rates are high – they would find themselves having to report for duty at slack times, when they won’t be able to earn any more than the living wage and when they might rather be doing something else.
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