London Daily

Focus on the big picture.
Tuesday, Sep 22, 2026

After the Uber ruling, there's no excuse for government not to enforce workers' rights

After the Uber ruling, there's no excuse for government not to enforce workers' rights

For too long the Conservatives have left workplace protections to the whims of employers, with awful consequences
In 2018, Ali submitted a claim against Uber for unpaid holidays. Originally from Somaliland, he had been driving for Uber since 2016, a couple of years after arriving in the UK. Since then, he hadn’t had a single paid holiday, despite at times working up to 70 hours in a seven-day week. He had taken some time off though – once for a couple weeks on the doctor’s recommendation to address his (unsurprising) back pain. When he tried to get assistance from the Uber-provided insurance policy the company likes to boast about, he was told the time off wouldn’t be covered.

Despite an employment tribunal ruling as far back as 2016 that Uber drivers were entitled to basic protections such as minimum wage and paid holidays, Ali’s claim has been on hold while Uber continued to appeal the decision. Throughout the years of appeals, Uber denied these protections to its drivers. On Friday, however, six justices of the supreme court gave the final decision on the lead Uber case and, like the three rulings that came before it, held that Uber drivers are entitled to basic workers’ rights.

It’s not been an easy ride for Uber; the contractual arguments it urged on the tribunals and courts were rejected wholesale, at times with scorn. Uber’s legal case, at its most basic, is that the company is a “platform”, connecting riders and drivers. It earns its money not by transporting passengers, but rather by charging drivers – who it calls its “customers” – a fee for acting as the drivers’ agent and generating business leads (passenger rides) for them. When the employment tribunal first ruled in this case, however, it stated: “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.”

The court of appeal referred to “the high degree of fiction in the wording” of Uber’s contractual documents, as well as to “the air of contrivance and artificiality which pervades Uber’s case”. The supreme court also rejected Uber’s contracts as showing that the drivers were not entitled to basic workers’ rights, noting that: “Laws such as the National Minimum Wage Act were manifestly enacted to protect those whom parliament considers to be in need of protection and not just those who are designated by their employer as qualifying for it.”

In practice, however, successive Tory governments have largely left it to employers to decide which workers should qualify for employment rights. Few workers’ rights are enforced by any state body, leaving enforcement to the tribunals and courts after individual workers or unions submit claims. But even that was too much of a threat to business interests for the Tories; the coalition government clamped down on this by removing the rights of individuals to bring tribunal claims over breaches of health and safety statutes – part of David Cameron’s attempt to “kill off the health and safety culture for good” – and they introduced tribunal fees, which led to a massive reduction in claims.

The fees were later struck down by the supreme court; the court stated that without unimpeded access to the courts, “laws are liable to become a dead letter, the work done by parliament may be rendered nugatory, and the democratic election of members of parliament may become a meaningless charade.”

But beyond government attempts to restrain individual workers from asserting their rights, the few state agencies or departments that are mandated to enforce the law at work often do an abysmal job. David Metcalf, the former director of Labour Market Enforcement, pointed out that companies could expect a minimum wage inspection once every 500 years, and that around £1.8bn worth of holidays went unpaid each year. To his credit he made a number of suggestions on how to address this, the most useful of which were rejected by Theresa May’s government. Failing to make significant progress, he stepped down after less than three years.

Metcalf was replaced by Matthew Taylor, whose 2017 Taylor Review – which made a series of recommendations to the government on how to address precarious employment – was largely dismissed by trade unions as not going anywhere near far enough. Notably, it had almost nothing to say about the role of enforcement in protecting workers’ rights. But even Taylor has proved too much of a challenge for this government; his term has not been extended, despite him offering to stay on unpaid until a replacement was found, leaving the post vacant for several months. “The whole thing is incompetent, irresponsible and suggests a disregard for vulnerable workers,” Taylor tweeted about the debacle.

Not even a pandemic killing thousands is enough to force a rethink in approach: despite there being more than 3,500 workplace outbreaks of coronavirus, the Health and Safety Executive has failed to shut down or prosecute a single employer, preferring instead methods of “direct persuasion, advice and reprimand”.

The government’s utter disinterest in applying the law is certainly not lost on Uber. Indeed, in response to the ruling, Uber has already sought to downplay its significance, saying it only “focused on a small number of drivers”, leaving open the possibility that it wasn’t relevant to its thousands of current drivers as a number of changes had since been made to the app. Pursuing this path would be a slap in the face to Ali, who hoped the supreme court ruling would mean he finally has rights. It would be “very good news if we got our rights from 2016,” he tells me. “I hope we will get them now.”

With the supreme court’s decision, Uber has reached the end of the journey and it’s too late to cancel the trip. It’s now time for the government to make them pay. Ali and tens of thousands of his co-workers are waiting.
Newsletter

Related Articles

0:00
0:00
Close
Andy Burnham Reaffirms UK Net-Zero Target With £30 Million Community Energy Fund
Scottish Labour Leader Backs Rosebank and Jackdaw North Sea Projects
UK Consumer Confidence Falls to Three-Year Low
UK Diesel Prices Approach £2 a Litre as Global Supply Shortages Intensify
Chiltern Railways Returns to Public Ownership as UK Rail Nationalisation Advances
British Museum Faces Questions Over Peter Thiel’s Private Bayeux Tapestry Viewing
Earl Spencer Memoir Excerpts Renew Public Debate Over Diana’s Death
Liberal Democrats Gather in Brighton for Autumn Conference
Mothercare Shares Plunge as Middle East Store Closures Threaten Long-Term Solvency
Kent Police Treat Folkestone Hotel Fire as Suspicious
Caribbean Governments Advance Reparations Campaign Seeking Engagement With Britain
Scottish Labour Leader Backs Rosebank and Jackdaw North Sea Projects
FCA Urges Young Adults to Trace £1.5 Billion in Unclaimed Child Trust Funds
UK Competition Regulator Opens Inquiry Into McCormick-Unilever Foods Deal
Public Inquiry Into Tees, Esk and Wear Valleys Mental Health Failings Set to Begin
Nigel Farage Looks to US Immigration Enforcement Model for UK Border Policy
Chiltern Railways Moves Into Public Ownership
Security Review Raises Concerns Over Sensitive UK Police Data Stored on Microsoft Cloud
Burnham Government Warns of Difficult Autumn Budget as Fiscal Headroom Narrows
Bank of England Holds Rates at 3.75% as Inflation Rises to 3.1%
Ed Sheeran Tour Faces Backlash After Macklemore Is Removed Over Pro-Palestinian Remarks
Vandalism of Traffic Cameras Intensifies Across Parts of England
Nearly 300 Evacuated as Fire Hits Grand Burstin Hotel in Folkestone
King Charles Warns AI Executives About Risks From Uncontrolled Technology
Church of England Apologises for Role in Historical Forced Adoption Practices
UK Debate Over Online Speech Intensifies After Arrest Figures Draw Scrutiny
Oxfordshire Village Holds Symbolic Independence Vote Over Asylum Accommodation Plan
Nigel Farage and Richard Tice Sue National Crime Agency Over Alleged Banking Data Leaks
Apple Introduces Stricter Age Checks for UK Accounts
BBC Cash Reserves Fall 66% to £125 Million as Broadcaster Restructures
McLaren Announces £500 Million UK Investment and Plans 1,000 Jobs
Green Party Wins Historic Gorton and Denton By-Election as Labour Falls to Third
Burnham Government Prepares October Budget Under Growing Fiscal Pressure
UK Energy Suppliers Pull Fixed-Price Deals as Wholesale Markets Turn More Volatile
Bank of England Holds Rates at 3.75% as Middle East Energy Shock Raises Inflation Risks
Addison Lee Founder Loses £20 Million UK Tax Tribunal Case
BrewDog Creditors Face Losses on About £190 Million of Debt
Harrods Seeks to Recover Abuse Compensation Costs From Mohamed Al Fayed’s Estate
Ed Davey Targets Reform UK as Liberal Democrat Conference Opens
Great Britain Retail Sales Rise 0.5% in August
NHS England Approves Life-Extending Treatment for Incurable Breast Cancer
Proposals to Limit NHS ADHD Diagnoses Draw Criticism From Patient Groups
Resolution Foundation Warns of Housing Cost Crunch for Low-Income UK Families
BBC Cash Reserves Fall to Decade Low as Annual Deficit Reaches £121 Million
Millisecond Software Error Triggered Major UK Air Traffic Control Disruption
Twenty Women Underwent Unnecessary Mastectomies During NHS Cancer Care
Sensitive UK Police Data Found Vulnerable to Access by Foreign Actors
British Steel Faces Renewed Pressure for a Long-Term Financial Plan
MPs Urge Government to End Thames Water Restructuring Talks With U.S. Hedge Funds
Andy Burnham Warns of Difficult UK Budget Choices as Inflation Returns to 3.1%
×