Uber provides an app to connect taxi driver to customer but California's Labour Commission says that Uber is involved in much more than connecting provider to consumer. Uber vets drivers; it lays down policy guidelines and instructions for drivers to follow. It is more than just a creator of a technological platform. Would Uber drivers be considered employees under English law? If they were, they would be entitled to holidays, employment protection after 2 years’ service, sickness pay and other benefits under English law. However, Uber is unlikely to have legal difficulties in the UK because there is no obligations between the taxi driver and Uber to offer or accept work. If Uber refers clients, the taxi driver can either accept or decline. There is no obligation to do the work consequently no employment.
Uber has been dealt a major blow by a Californian court, which has ruled that one of its drivers is an employee rather than an independent contractor.The ride-sharing company had argued that its drivers should not be considered employees, as Uber does not dictate their hours and only provides the app to connect drivers and passengers.But California's Labor Commission decided that the company was so involved in at least one driver's work that she must be classed as an employee. +