FILE - In this Friday, Sept. 22, 2017 file photo, an Uber App is displayed on a phone in London. Britain's Employment Appeal Tribunal Friday Nov. 10, 2017 ruled that drivers of the ride-hailing service Uber are entitled to basic protections such as a guaranteed minimum wage and paid time off. Judge Jennifer Eady dismissed an appeal Friday from the company in a closely watched decision that is expected to have broad implications for the so-called gig economy. (AP Photo/Kirsty Wigglesworth, file)

Employment panel rules Uber drivers are workers with rights

November 10, 2017 - 6:57 am

LONDON (AP) — A British panel ruled Friday that Uber drivers are workers with labor rights like paid time off, in a decision with broad implications for the so-called gig economy.

The ride-hailing service immediately announced plans to appeal. Employment lawyers expect the case will be heard by the Supreme Court next year.

Claimants Yaseen Aslam and James Farrer sought minimum wage and paid holidays in line with U.K. employment law. Uber argued its drivers are independent contractors who would lose the "personal flexibility they value" if the suit was successful.

Friday's ruling by the British employment appeals tribunal came after San Francisco-based Uber appealed a previous ruling in favor of the drivers.

Though Uber argued that the case applies to only two drivers, it could affect as many as 40,000 Uber drivers in the U.K. who would argue they faced the same terms.

It also has implications for more than 100,000 independent contractors in Britain's so-called gig economy, where people work job-to-job with little security and few employment rights. Such employment, often for companies that use mobile phone apps to provide everything from food delivery to health care, has surged as the Internet cuts the link between jobs and the traditional workplace.

The case is just one of many focused on the rights of British workers in both the new and old economies - from Deliveroo food delivery drivers to foster carers and plumbers. The decision reflects a general trend for the courts to step in situations in which "the individuals involved are in a position of substantial inequality and in that case merit protection," said employment attorney Susannah Kintish of Mishcon de Reya, which is not involved in the Uber case.

"There's a definite sentiment that the law needs to step in and protect them," she said.

While the case is separate from London's decision not to renew Uber's license, observers are likely to watch Uber's response to see if a company known for hard-hitting tactics is willing to change. Following the licensing decision, new CEO Dara Khosorwshahi acknowledged that Uber "got things wrong" as it expanded around the world and said the company would change as it moves forward. Uber is also appealing that decision.

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