An employment tribunal decided last October that Uber drivers are ‘workers’ and therefore entitled to certain employment rights including the national minimum wage, and protection from discrimination and for whistleblowing. They are not, as the company maintained, self-employed.
Employees have the right to be accompanied by a colleague, or a trade union representative or official at a disciplinary hearing. An employer who breaches this could face a tribunal claim and the possibility of having to pay compensation of up to two weeks’ pay.
Mr Essop and colleagues had claimed indirect discrimination. They said that they were passed over for promotion after having failed some assessments at work. Relying on their protected characteristics of age and race they alleged that older (they were over 35) and of black and ethnic minority employees had a lower pass rate than younger, white employees.