Uber BV v. Aslam: Case Analysis on Employment Rights

Legal Skills and
Methods

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK 1 ...........................................................................................................................................3
Facts of the case..........................................................................................................................3
Arguments from appellant...........................................................................................................3
TASK 2............................................................................................................................................4
Provide the following:.................................................................................................................4
1. Name of judges who heard case:.............................................................................................4
2. The court which heard the case:..............................................................................................4
3. Date of Judgement:.................................................................................................................4
4. Five aspects of ET that drivers were workers:........................................................................5
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
The law can be defined as the set of rules and regulations which regulates the behaviour
of the citizens and govern their working. The case of Uber BV v. Aslam is the landmark case of
company and labour law on the employment rights. Its main purpose is to protect the people so
that they can be entitled for fair wages on daily basis for the fair work day (Arpad and Zoltan,
2019). This report will deal with facts of the case and the arguments of appellant. Further it will
include the aspect of Employment tribunal findings which the Lords have stated in judgement.
TASK 1
Facts of the case
James Farrar and Yaseen Aslam are the founders of the App Drivers And Couriers Union
and lead claimants which were represented by the Bates Wells Solicitors with number of drivers.
It claimed that they must be paid with minimum wages under the law of National Minimum
Wages Act and receive the paid annual leave under the statute of Working Time Regulations
while working as the drivers for the Under. The other party is Uber BV, which is a subsidiary of
the Uber incorporated in Dutch who argued that the drivers of it are self employed and
independent contractors and the company owes no worker or the employee obligations. The
contract merely describes drivers as the partners and stated clearly that nothing will create the
employment relationship between the Uber and its partners. The argument from the side of
drivers were that this was the sham. Under Employment Rights Act, 1996, Section 230 stated
that worker is the one who is entitled to the minimum wages or the paid holidays if it has the
contract of employment or is anyone who performs the work personally but not for the customer
or the client (Danas, Drouyor and Hong, 2017).
Arguments from appellant
First appellant was Uber BV which owns rights in Uber Application. Second appellant is
Uber London Ltd , a subsidiary of the Uber BV who had license to operate the private hire
vehicles in the city of London. Third appellant is Uber Britannia who holds license to operate
outside London. In referring the appellant in this case, 'Uber' will be used.
It argued that in pursuant to the service agreement which was accepted by both customer
and driver and they separately entered into, the role of Uber was as the booking agent for the