Uber docked my waiting time: how to claim the shortfall
Factual guidanceFresh — reviewed 19 April 2026Sources: 7Next review: 18 July 2026
Take this with you
Dated, pre-fillable checklist + your details — ready to show a rep or solicitor.
In the next hour
- Open your Uber app and screenshot this week pay statement, including the Per-trip holiday entitlement line.
- Note your total log-on hours this week, your engaged hours (trip time), and your total gross earnings.
- Do not accept new Uber terms that look like a variable service fee without reading them. ADCU has flagged the 3 to 49 percent service fee terms as deeply unfair.
- Note today date. Any claim runs under ACAS 3-months-minus-one-day from the most recent underpayment.
In the next week
- Download your full 2025-26 Uber statements. Sum total log-on hours, engaged hours, gross earnings and the holiday pay line.
- Divide total earnings by total log-on hours (not engaged hours). That gives your real working-time rate under Uber BV v Aslam [2021] UKSC 5. Compare 12.07% of that total against what Uber paid you in holiday entitlement.
- Write a claim letter to Uber: your figures, reference Working Time Regulations 1998 and Uber BV v Aslam, set out the shortfall, demand payment and corrected future calculations. Give a response deadline.
- Join ADCU or GMB before you send the letter. Group leverage changes how Uber responds. If Uber refuses, start ACAS early conciliation before the 3-months-minus-one-day deadline.
In the next hour
- Open your Uber app and screenshot this week's pay statement, including the "Per-trip holiday entitlement" line.
- Note your total log-on hours this week, your engaged hours (trip time), and your total gross earnings.
- Do not accept new Uber terms that look like a variable service fee without reading them. ADCU has flagged the 3 to 49 percent service fee terms as deeply unfair.
- Note today's date. Any claim runs under ACAS 3-months-minus-one-day from the most recent underpayment.
In the next week
- Download your full 2025-26 Uber statements. Sum total log-on hours, engaged hours, gross earnings and the holiday pay line.
- Divide total earnings by total log-on hours (not engaged hours). That gives your real working-time rate under Uber BV v Aslam [2021] UKSC 5. Compare 12.07% of that total against what Uber paid you in holiday entitlement.
- Write a claim letter to Uber: your figures, reference Working Time Regulations 1998 and Uber BV v Aslam [2021] UKSC 5, set out the shortfall, demand payment and corrected future calculations. Give a response deadline.
- Join ADCU or GMB before you send the letter. Group leverage changes how Uber responds. If Uber refuses, start ACAS early conciliation before the 3-months-minus-one-day deadline.
Tools, guides and templates to use
- uber holiday pay calculator — Aslam-based shortfall calculation.
- nmw shortfall check — National Minimum Wage on full log-on time.
- worker status self test — confirms your Aslam factors.
- acas deadline calculator — the hard deadline.
- uber holiday pay claim letter — ready-to-send letter.
- aslam ruling — what the Supreme Court actually said.
When to escalate
ADCU at appdrivers.co.uk. GMB at gmb.org.uk. IWGB at iwgb.org.uk (has run group claims). Leigh Day and Bates Wells for tribunal cases. ACAS early conciliation: 0300 123 1100. Limitation on unlawful deductions usually caps backdating around two years.
Related crisis pages
- just deactivated uber today — if raising pay got you deactivated.
- hmrc sent a letter — if recovered holiday pay affects tax.
- cant afford january tax — if underpayment is why you cannot pay the bill.
Last reviewed
19 April 2026
Primary sources used:
Research/Gap/G1.5-uber-holiday-pay-claims.mdResearch/S3-rights/3.1-uber-ruling.md
Before you leave
Sources
- Uber BV v Aslam [2021] UKSC 5
- Working Time Regulations 1998
- ACAS 0300 123 1100 (early conciliation)
- ADCU appdrivers.co.uk
- GMB gmb.org.uk
- IWGB iwgb.org.uk
- National Minimum Wage (working time basis)