The EAT confirmed that a tribunal must assess the whole
factual matrix of each case and, importantly, further acknowledged that any assessment of the time for which Uber would be required to pay the national minimum wage would be dependent on the
specific facts of each case.
Where, like here, the matter involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful
factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.