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.