Uber must treat drivers as employees, says ECJ
- Author:Ella Cai
- Release on:2017-05-12
The advocate-general at the European Court of Justice has ruled that Uber is a transport company not a tech platform.
The ECJ took the view that its drivers are not, as Uber had argued, independent contractors because Uber tells them the terms on which they do business.
“Uber cannot be regarded as a mere intermediary between drivers and passengers,” said the ECJ.
The ECJ’s decision closely follows the reasoning of a London court which recently came to the same conclusion.
The court was having none of it.
“The notion that Uber in London is a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous,” stated the London judgment, “drivers do not and cannot negotiate with passengers … They are offered and accept trips strictly on Uber’s terms.”
The decisions have consequences on how Uber must treat its drivers. In future they must be treated as employees with paid holidays, employment protection, sick benefits etc
The ECJ took the view that its drivers are not, as Uber had argued, independent contractors because Uber tells them the terms on which they do business.
“Uber cannot be regarded as a mere intermediary between drivers and passengers,” said the ECJ.
The ECJ’s decision closely follows the reasoning of a London court which recently came to the same conclusion.
Uber had argued in London that it was a technology firm, not a transport business, and that consequently its drivers were independent self-employed contractors who could choose where and when they worked.
The court was having none of it.
“The notion that Uber in London is a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous,” stated the London judgment, “drivers do not and cannot negotiate with passengers … They are offered and accept trips strictly on Uber’s terms.”
The decisions have consequences on how Uber must treat its drivers. In future they must be treated as employees with paid holidays, employment protection, sick benefits etc
