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Publication - Professor Alan Bogg

    Between Statute and Contract

    Who is a Worker?

    Citation

    Ford, M & Bogg, A, 2019, ‘Between Statute and Contract: Who is a Worker?’. Law Quarterly Review, vol 135., pp. 347-353

    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.

    Full details in the University publications repository