Having determined that Uber drivers are employees, the London Employment Tribunal further determined that Uber unlawfully denied drivers certain basic rights guaranteed to all employees.
Among other rights, GMB alleged that Uber drivers were entitled to holiday pay, a guaranteed minimum wage, and breaks.
GMB specifically challenged the amount that drivers are paid. After deducting costs and fees, GMB found that members could make as little as 5 GBP per hour, well below the national minimum wage of 7.20 GBP. They also challenged Uber’s practice of deducting sums from drivers’ pay including in response to customer complaints.
LET also found that, contrary to Uber’s insistence that Netherlands law governs the relationship between Uber and its London drivers, in fact British law governs because the relationship “relevant to the situation” was the UK.
Uber appealed the decision. A judgment of the appeal is expected in late 2017.