Uber Drivers in France are Not Self-Employed

There French Court of Cassation (their equivalent to the UK Supreme Court for civil law matters) has issued a ruling that Uber drivers are not self-employed despite the fact that contractually that is the case.

Their judgment thoroughly overturns any myths of ‘micro-entrepreneurship’ or contractual freedom, holding that drivers had no choice in determining their client base, terms and conditions, or pay. Crucially, the choice when to log and off was also held to be irrelevant, at least during those hours worked; the ever-present threat of deactivation means that drivers ‘have no freedom of choice’.

What does this mean for Uber’s appeal to the Supreme Court in the UK, due to be heard this summer?

Whilst technically limited to French law, the in-depth analysis of Uber’s business model translates internationally – not least as it’s closely in line with the European Court of Justice’s findings in C-434/14 Elite Taxi.

The employment tribunal’s findings are thoroughly vindicated. In analysing Uber’s business model, detailed variations are irrelevant. The tight degree of control exercised in practice trumps contractual and regulatory assertions to the contrary, and the ability to long on and off is a red herring in determining subordination whilst working.

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