Claimant v Uber Eats UK Limited
Outcome
Individual claims
The tribunal found the claim was presented approximately 10 months out of time. The claimant had access to the internet via his phone (which he used for the Uber app), could seek assistance from his children or friends, and could have obtained free advice from organisations like Citizens Advice Bureau. The tribunal concluded it was reasonably practicable for the claimant to have issued his claim in time but he failed to take reasonable steps to discover his rights. The claim was therefore dismissed for being out of time.
Facts
The claimant worked as a delivery driver for Uber Eats from October 2018 until his account was permanently deactivated on 22 February 2023 following discovery of a falsified insurance certificate. He communicated with the respondent via an app and could seek assistance from his children when needed. He did not bring his claim until February 2024, approximately 10 months out of time, claiming ignorance of his rights and language difficulties. He stated a friend told him about bringing a claim in around December 2023 but he waited a further 1-2 months before acting.
Decision
The tribunal dismissed the unfair dismissal claim as out of time. The tribunal found the claimant had the means to discover his rights through internet research on his phone (which he used for the Uber app), could seek help from his children or friends, and could have obtained free advice from Citizens Advice Bureau or law centres. The tribunal concluded it was reasonably practicable for the claim to have been presented in time and the claimant failed to discharge the burden of proof.
Practical note
Language barriers and limited internet knowledge will not satisfy the 'not reasonably practicable' test where a claimant has demonstrated ability to use a smartphone app, has family members who can assist, and has access to free advice services but fails to take any steps to investigate their rights for nearly a year.
Legal authorities cited
Statutes
Case details
- Case number
- 3200289/2024
- Decision date
- 25 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- delivery driver
- Service
- 4 years
Claimant representation
- Represented
- No