Leigh Day acts on behalf of Uber drivers who claim that they should be treated as workers rather than self-employed contractors.
If you are a worker then you have certain legal protections and benefits, such as
- the right to paid holiday
- the right to receive the National Minimum Wage
- access to a workplace pension scheme
- certain job protections
We are claiming compensation for Uber’s failure to pay its drivers holiday pay and the National Minimum Wage.
Uber drivers deserve compensation
If you currently or have recently driven for Uber or are currently driving for Uber, you may be eligible to receive up to £12,000.
We believe drivers should receive the maximum back pay that they are legally entitled to claim. We are claiming holiday pay for the whole period drivers have worked for Uber. We are arguing that it is wrong to limit this to two years’ back pay. Joining the Leigh Day claim means that you could be eligible to claim holiday pay for the entire time you have worked for Uber.
We do not think your flexibility as an Uber driver will be affected if you are treated as a worker. We think that you will still be able to work when you want to, but you will receive proper pay for the hours that you work.
Joining the claim is straightforward and only takes a few minutes to do. You do not need to provide any documents such as tax returns to find out if you are eligible to join the claim.
Leigh Day is assisting Uber drivers who feel that they have been unfairly treated in legal claims in South Africa. We are acting for thousands of Uber Drivers in the UK. The two claims are separate.
Mbuyisa Moleele Attorneys in Johannesburg, assisted by Leigh Day, are preparing a class action to be filed in the Johannesburg Labour Court against Uber BV and Uber SA on behalf of South African Uber drivers. The claim will be based on the drivers’ entitlement to rights as employees under South African legislation and will seek compensation for unpaid overtime and holiday pay.
Join the claim
Employment law specialists
We are acting under a “no win no fee” agreement, so you don’t have to pay anything unless you win your claim. We have been successful so far in the claims we have brought on behalf of a group of Uber drivers.
The Employment Tribunal, Employment Appeal Tribunal (EAT) and Court of Appeal all found Uber to be wrongly applying UK employment law. Uber denied that its drivers’ were workers and said that it was not a private hire taxi company, instead claiming that it was simply an app that connects drivers to passengers. We argued that this was incorrect and resulted in the unfair treatment of Uber drivers.
Uber made a final appeal to the Supreme Court in July 2020. In February 2021 the Supreme Court handed down a landmark ruling in favour of Uber drivers; agreeing with us that the claimants are workers.
Join the claim today to receive the compensation and workers’ rights the courts have ruled that you deserve. It is time Uber granted its drivers workers' rights.
We want to ensure that Uber drivers receive proper pay for the work that they do, including holiday pay and the National Minimum Wage.
Here you’ll find information on all the steps you need to go through to join the claim.
How it works
Understanding the Uber drivers claim
The Drivers’ claim website was set up by Leigh Day to help drivers claim for workers’ rights such as holiday pay, the national minimum wage and protection from Uber deducting money from your wages without proper notification.
Questions about the claim
We understand that you may have some questions about the process.
Our dedicated claim website was set-up to help make the whole process easier. We’ve created some helpful resources to break down the key points to understand the Uber drivers claims:
- You can check out the Further Information section of our website to find out all of the most important facts.
- Our FAQs answer all the most common questions about the claim and are a great place to get answers quickly.
Starting your claim
Anyone who is currently driving or has driven for Uber in England, Scotland or Wales within the last 10 weeks is eligible to join the claim.
To start your claim, you simply need to:
- Provide basic personal and eligibility details; and
- Agree to the terms and conditions.
You can do so via our secure online form or, you can speak to one of our friendly team members by phone.
The claim is ‘no win, no fee’ meaning if your claim is unsuccessful, you won’t need to pay us. If your claim succeeds, our fee will be a percentage of your compensation.
After we have assessed your eligibility and you have agreed to our ‘no win no fee’ agreement, you will be part of the claim; it is that simple!
Your solicitors register your claim
Once you are part of the claim, we (Leigh Day) get to work. Our legal teams will notify ACAS of your intention to start proceedings and submit your claim to the Employment Tribunal. There will be no need for you to attend the tribunal unless you would like to do so.
An employment claim has several stages to work through so it can take a long time to conclude. We will be claiming for unpaid holiday pay for the entire of your time working with Uber. The amount of compensation owed to you will therefore continue to increase as the claim progresses, as long as you are still working for Uber. We will also be claiming for compensation where Uber has paid you less than the national minimum wage.
We will, of course, keep you updated on your claim along the way.
If I win my claim, how will I be compensated?
We estimate that the average Uber driver is entitled to around £12,000 in compensation.
We are claiming:
- Back pay for unpaid holiday
- Compensation if you received less than the National Minimum Wage
We will calculate your compensation using documents such as your weekly summaries, payment statements, tax returns/accounts, bank statements and receipts.
At the end of the claim, if we win, we will deduct 25% plus VAT from your compensation for our legal fees. Please see the information page for a full explanation as to how the claim is funded.
If I lose my claim, will I have to pay Uber’s legal fees?
If you lose, you should not have to pay Uber’s legal fees, unless there are exceptional circumstances, such as if you behave in a vexatious, abusive, disruptive or otherwise unreasonable manner, or ignore an order of the Tribunal.
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.
Now that the Supreme Court has decided that the Uber drivers who won at the Employment Tribunal are workers, will I have less flexibility going forward?
We see no reason as to why you should have less flexibility as a worker, rather than a self-employed contractor. Uber is not required to make significant changes to its model to comply with the courts and 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. 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.
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 to 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.
Will Uber provide me with compensation?
Uber has recently said that it will offer some level of compensation for historical trips to drivers who it considers eligible. However Uber have not promised drivers that it will fully compensate them for past failures to provide them with paid holiday and National Minimum Wage. Our claim on behalf of over 4,000 Uber Drivers will continue. The only way to guarantee you will receive compensation is to bring a successful claim.