Mr S Sardar v Uber London Limited and 1 other — 2021

The claimant presented a claim for notice pay and sought reactivation by Uber, alleging that he had worked as a driver from 31 May 2016 until 15 November 2021 and was entitled at common law to reasonable notice. He claimed £5,000 representing five weeks’ pay. The respondents contended that the tribunal had no jurisdiction to determine the claim.

The tribunal determined the jurisdiction issue on legal argument alone. It held that its contractual jurisdiction is purely statutory and that, under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994, contractual claims may be brought only by employees engaged under contracts of service. The claimant’s representative did not argue that he was an employee, but maintained that he was a worker.

On that basis, the tribunal concluded that it had no jurisdiction to consider the breach of contract complaint and dismissed the proceedings. The judge also stated that the judgment concerned only the tribunal’s jurisdiction and did not address whether any claim might be available to the claimant in the courts.