Worker Protections

Here you can find Frequently Asked Questions on the worker status and the protections you are entitled to. From time to time this page will be updated with key information based on the questions you share via our Support channels.

Worker Status

What is a worker?
A worker is an employment classification that is unique under UK employment law. Workers are not employees. Workers are entitled to the National Living Wage, holiday pay and access to a pension. You will continue to have total flexibility, meaning you can choose if, when and where you work, while accessing new rights and protections.
Can I still drive on other platforms while being treated as a worker on Uber?
You can still drive with other operators, but you will need to contact them directly to find out if you are entitled to similar treatment on other platforms.
How does this impact my tax status in the UK?
Drivers will remain as self-employed for tax purposes, and should continue to complete an annual tax return.
Does this apply to couriers using the Uber Eats platform?
No, this does not apply to couriers who use the Uber Eats platform.
Does this apply to Fleet partners?
No this does not apply to Fleet partners.
Does this apply for drivers in the Republic of Ireland?
No, this is applicable to drivers in the United Kingdom only.

National Living Wage

How am I paid?
Drivers will always earn at least the National Living Wage. If your earnings (after vehicle expenses and other charges like the Congestion Charge Zone in London) were lower than the National Living Wage, Uber will top up your earnings to meet the National Living Wage. This is added on a weekly basis and will be reflected on your pay statement.

Please note that the National Living Wage has been £8.91 since 1st April 2021 and will be £9.50 from 1st April 2022.
When will I receive any top-up payment, if applicable?
Top-up payments can be found on your pay statement, in Other Earnings under the line items “Statutory NLW”. You will receive your usual pay on Mondays, followed by a separate payment of any earnings guarantee owed to you, which you will see in-app on Tuesdays.

You can choose to cash out using the paid instant cashout service, or you can wait until the next Monday and your National Living Wage top-up will be added to your normal payment.
Am I eligible for the National Living Wage?
All drivers are eligible for the National Living Wage for time they spend working. Time spent working is calculated based on your engaged time: the time between when you accept a trip on the app to the point at which the trip is completed. If you earn over the National Living Wage, then you will keep all of your earnings. Drivers who are not currently active for any reason, will not receive this as it only applies to weekly time spent on trips.
How is National Living Wage calculated?
The earnings guarantee is calculated every week as:

(Remuneration* minus reductions) divided by hours worked

*Remuneration = earnings + incentive

this equals to

[(Earnings plus incentives) – (vehicle expenses plus CCZ charges minus CeLo fee)] divided by hours worked

If your earnings (after vehicle expenses, and other charges like the Congestion Charge Zone in London) were lower than the National Living Wage, Uber will top up your earnings to meet the National Living Wage. The Congestion Charge Zone fee (CCZ) and Central London fees (CeLo fees) are only applicable for drivers in London. The Congestion Charge Zone fee has been included as an expense, only when it is incurred as per TFL guidelines (here)
What if my weekly earnings are more than the National Living Wage?
If you earn more than the National Living Wage in the relevant pay period, you will be able to keep all of your usual earnings and will not receive any adjustment relating to the earnings guarantee for that pay period.

Currently, earnings are assessed over a one week reference period. You will also receive a payment every week of 12.07% of your weekly earnings to reflect statutory holiday pay (please see below under Holiday Payment for details of how holiday pay is calculated). This will also be reflected on your pay statement.
During what time will I earn this? Why does this not apply to time waiting for trips?
You earn the National Living Wage from the time you accept a trip on the app to the point at which the trip is completed: this is called the engaged time.

Time waiting for a trip to be offered to you is not included in your National Living Wage calculation. This is because there is no requirement to accept any trips during this period.

This allows you the flexibility to manage your time as you wish.
Will my expenses be reimbursed as a worker?
As a worker, you will not be reimbursed directly for expenses like vehicle rental costs, mobile phone bills, or livery.

However, the trip payment which you receive includes the expenses that Uber calculates that you necessarily incur when you drive. Any payments that we make to ensure you are earning the National Living Wage will take into account the average costs of running your vehicle and payment of certain fees (such as the Congestion Charge Zone in London).Vehicle running costs are calculated using HMRC’s rate for vehicle expenses. The average rate for vehicle expenses is 45p per mile for the first 10,000 miles driven. After 10,000 miles it is 25p per mile.

Holiday Payment

When will I receive my holiday pay?
You will receive a payment every week of 12.07% of your earnings (after other expenses as per HMRC) to reflect statutory holiday pay. This will also be reflected on your pay statement in Other Earnings under the line items Statutory holiday pay.

You can choose to cash out using the paid instant cashout service, or you can wait until the next Monday and your National Living Wage and Holiday payment will be added to your normal payment.
How is holiday pay calculated?
The holiday payment is calculated every week:

(Earnings) multiplied by 12.07%

this equals to

[(Earnings plus NLW top-up) minus (vehicle expenses plus CCZ charges minus CeLo fee)] multiplied by 12.07%

The Congestion Charge Zone fee (CCZ) and Central London fees (CeLo fees) are only applicable for drivers in London. The Congestion Charge Zone fee has been included as an expense, only when it is incurred as per TFL guidelines (here)
Why is holiday pay 12.07%?
A worker is entitled to 5.6 weeks’ statutory holiday each year. This calculation generally applies to workers who have fixed periods of when they can be required to work and when they are required to take holiday.

Drivers with Uber have complete flexibility as to when and how to work and to take holiday, and therefore there are no fixed times for periods of holiday. As a result, we have needed to adopt an approach that works for you in practice.

As you are entitled to take 5.6 weeks holiday per year, you would be working for 46.4 weeks of each year. If you divide the number of holiday weeks by the working weeks, this shows that you would be on holiday for 12.07% of each year should you take all of the statutory holiday that you are entitled to.

As a result, the percentage of your weekly earnings that equate to the holiday pay that you are entitled to is 12.07%. With this in mind, we consider that the 12.07% calculation is the most appropriate way to calculate holiday pay.
Will I have to request holiday days to get holiday pay?
You will not need to request specific holiday days to receive holiday pay. You can work or take holiday anytime you wish. Holiday pay will be added to your account automatically as an additional payment.