Between Statute and Contract: Who is a Worker?

Michael Ford; Alan Bogg

Between Statute and Contract: Who is a Worker?

Michael Ford, Alan Bogg

University of Bristol Law School

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Abstract

Reviews Uber BV v Aslam (CA) on whether Uber drivers were workers or independent contractors. Discusses the court's attempt to clarify the meaning of "worker", and determine whether written contract terms could override statutory safeguards. Considers whether the court applied the contractual reasoning of Autoclenz Ltd v Belcher (SC) too strongly, and why a purposive statutory construction of Autoclenz is to be preferred in cases such as Uber.

Original language	English
Pages (from-to)	347-353
Number of pages	7
Journal	Law Quarterly Review
Volume	135
Publication status	Published - 1 Jul 2019

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title = "Between Statute and Contract: Who is a Worker?",

abstract = "Reviews Uber BV v Aslam (CA) on whether Uber drivers were workers or independent contractors. Discusses the court's attempt to clarify the meaning of {"}worker{"}, and determine whether written contract terms could override statutory safeguards. Considers whether the court applied the contractual reasoning of Autoclenz Ltd v Belcher (SC) too strongly, and why a purposive statutory construction of Autoclenz is to be preferred in cases such as Uber.",

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AU - Bogg, Alan

PY - 2019/7/1

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N2 - Reviews Uber BV v Aslam (CA) on whether Uber drivers were workers or independent contractors. Discusses the court's attempt to clarify the meaning of "worker", and determine whether written contract terms could override statutory safeguards. Considers whether the court applied the contractual reasoning of Autoclenz Ltd v Belcher (SC) too strongly, and why a purposive statutory construction of Autoclenz is to be preferred in cases such as Uber.

AB - Reviews Uber BV v Aslam (CA) on whether Uber drivers were workers or independent contractors. Discusses the court's attempt to clarify the meaning of "worker", and determine whether written contract terms could override statutory safeguards. Considers whether the court applied the contractual reasoning of Autoclenz Ltd v Belcher (SC) too strongly, and why a purposive statutory construction of Autoclenz is to be preferred in cases such as Uber.

M3 - Article (Academic Journal)

SN - 0023-933X

VL - 135

SP - 347

EP - 353

JO - Law Quarterly Review

JF - Law Quarterly Review

ER -

Between Statute and Contract: Who is a Worker?

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