Uber drivers’ claim FAQs
Tens of thousands of Uber drivers could be entitled to up to £12,000 in compensation
- Our clients have been fighting for workers’ rights for many years, so we are delighted that the end is finally in sight.
- Tens of thousands of Uber drivers could be entitled to up to £12,000 in compensation.
- Uber will only be legally required to compensate those who have brought a claim but there is still time to join.
Uber drivers’ claim FAQs
What does this ruling mean for Uber drivers?
This is a breakthrough ruling and we are delighted that the Supreme Court agrees with us, that Uber drivers are workers and are therefore entitled to workers’ rights, including holiday pay and at least the National Minimum Wage.
For the Uber drivers who are part of the claim, this ruling means that they will also receive compensation for Uber’s past failures to provide them with workers’ rights.
How much compensation will I be entitled to?
The amount each driver receives will be different. It’s based on when you first became an Uber driver.
Research we have carried out estimates that each claimant could be entitled to an average of £12,000 in compensation before our fees.
Are drivers who aren’t part of the claim entitled to compensation?
Going forward, Uber should treat all its drivers as workers. However, only those drivers that join the claim are entitled to compensation for Uber’s past failures to provide them with workers’ rights.
How much will claimants pay in legal fees?
Leigh Day will take 25 per cent of the compensation figure plus VAT (based on the current VAT rate) to cover legal fees.
For example, if you were awarded £10,000, after our fees you would receive £7,000.
Can I join the claim if I no longer drive for Uber?
We are bringing claims for drivers who have driven in the last 10 weeks.
If you have not driven for Uber in the last 10 weeks, please register your details on the sign-up page as you may be able to join the claim in the future.
Can I join the claim if my account has previously been deactivated or if I took a break from driving for Uber?
You can join the claim if you have driven for Uber in the last 10 weeks.
If your account has previously been deactivated or if you took a break from driving, this may impact upon the amount of compensation you are entitled to. We will calculate your compensation based upon your individual circumstances.
Will Uber deactivate my account for bringing a claim?
We are not aware of any Uber drivers whose accounts have been deactivated for bringing a claim.
We cannot guarantee how Uber will respond to the claim. However, if Uber did deactivate your account in response to joining the claim, we can bring an additional claim on your behalf arguing that Uber should pay you compensation for deactivating your account.
We believe that there is a good case for arguing that any such deactivation by Uber would be unlawful (although, as with all litigation, there is no guarantee that a Tribunal will agree).
If you succeed in this claim, you would receive compensation for your losses arising from the deactivation.
Will I have less flexibility following the Supreme Court judgment?
We see no reason as to why you should have less flexibility as a worker, rather than a self-employed contractor. The claim is simply to make sure that Uber pays you holiday pay and the National Minimum Wage.
You would not need to have a fixed working pattern or a set number of working hours in order for Uber to calculate your holiday pay and the National Minimum Wage.
Drivers in other countries have won similar claims against Uber. We are not aware of the drivers in any of those countries losing their flexibility after they won their claims.
Do I need to provide documents to join the claim?
No, you do not need to provide any documents to find out if you are eligible and join the claim.
In order calculate the compensation that Uber owes you, we will of course request documents from you to assist us with this. We will only request documents that you have in your possession. An example of documents that will be helpful for us in calculating your compensation are screenshots of weekly summaries from your Uber App.
When we are at the stage of calculating your compensation, we will be in touch with further information.
What happens next?
The Employment Tribunal will decide how much compensation drivers are entitled to.
Compensation will be based on how much holiday pay a driver should have received and whether they have received less than the minimum wage. For minimum wage claims, the level of pay is calculated by first deducting work-related expenses such as petrol from drivers’ weekly pay. In other words, drivers need to be paid more than the minimum wage to ensure that once work-related expenses are taken into account, they still receive at least the minimum wage.
Who is Leigh Day and what is their involvement with group claims?
Leigh Day is the leading expert in UK group claims. Find out more about us on our dedicated Uber drivers claim website.
As well as Uber, Leigh Day is bringing similar claims against Addison Lee and Stuart. Addison Lee and Stuart couriers also claim that their drivers/ riders are not entitled to workers’ rights.
What does having workers’ rights mean?
Workers are entitled to certain employment rights, including:
- being paid at least the National Minimum Wage,
- protection against unlawful deductions from wages,
- paid holiday and
- protection against unlawful discrimination.
Uber had claimed that drivers are self-employed ‘partners’ and that they were therefore not entitled to the rights normally given to workers.
What is the Supreme Court?
The Supreme Court is the final court of appeal in the UK for civil cases. It hears cases of the greatest public or constitutional importance affecting the whole population.
The Supreme Court was Uber’s final chance to argue that the claimants are not workers.
Can Uber ignore this ruling from the Supreme Court?
No. The Supreme Court is the highest appeal court in the UK.
Uber can no longer deny that the claimants are workers and therefore entitled to rights such as paid holiday and to be paid at least the minimum wage.
Will this ruling mean Uber will have to change its working model?
Uber is not required to make significant changes to its model to comply with the courts. Drivers do not need to lose flexibility or work fixed hours.
Drivers in other countries have won or settled similar claims against Uber. As far as we are aware, Uber has not introduced fixed hours in those countries and the drivers can still log on and log off when they please.
Uber simply needs to ensure it allows drivers to take time off and to pay them for this, in the same way that any worker is entitled to paid holiday. Uber also needs to make sure that the rate it pays its drivers is high enough that they receive at least the minimum wage once you take into account the amounts they have to spend on expenses, like petrol.
The amount of holiday entitlement is relatively easy to calculate, even for workers who don’t work fixed hours.