McDermott Comment | Uber Loses Supreme Court Appeal as Court Rules Drivers Are Workers

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Paul McGrath, employment partner at law firm McDermott Will & Emery, said:

“It is important to note that the Supreme Court’s decision doesn’t automatically mean that all individuals engaged in the gig-economy are “workers”. Any future cases will continue to be decided on their own individual facts. The Supreme Court’s judgment reaffirms that, in determining whether an individual is a worker for statutory rights purposes, an employment tribunal should consider the reality of the relationship in practice, and not just the terms of any written agreement. That is what the employment tribunal did in this case.”