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  • The Court of Appeal has upheld the EAT's ruling in Uber BV v Aslam that Uber drivers were workers on the basis that the written documentation seeking to establish them as independent contractors did not reflect reality; the drivers were held to be working while they had the Uber app switched on and were within their territory and ready and willing to accept trips. However, Underhill LJ gave a strong dissenting judgment that, in his view, the documentation was consistent with how the parties worked in practice and the fact that it was one-sided due to the unequal bargaining strength of the parties could not justify setting it aside. He also considered that the drivers should only be treated as workers (if at all) from the moment they accept a particular trip. Uber has appealed to the Supreme Court.

  • The High Court has ruled that the right to collective bargaining under the Trade Union and Labour Relations (Consolidation) Act 1992 only applies to 'workers'.  The European Convention of Human Rights Article 11 right to collective bargaining was similarly restricted to those in an employment relationship and therefore could not be used to extend domestic collective bargaining rights to Deliveroo riders held not to be 'workers' (due to the lack of an obligation of personal service). The IWGB union has stated that it intends to appeal. (R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee)

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