Friday, October 28, 2016

Uber drivers not self-employed and must receive minimum wage, tribunal rules


A tribunal has ruled that Uber drivers are not self-employed and so they are entitled to receive the national minimum wage and holiday pay.

The results of the case could have far-reaching consequences affecting thousands of other workers.

The GMB union took two test claims, arguing that Uber drivers should be entitled to a guaranteed minimum pay, breaks and holiday pay.

The union said the outcome of the tribunal case could have "major" implications for over 30,000 drivers across England and Wales, as well as other workers.

The case centered on whether or not the drivers were self-employed.

Uber had argued that its drivers were self-employed rather than designated employed workers, and maintained that it is a technology company rather than a taxi firm.

The company says it allows people to be their own boss and work flexibly, but the drivers who brought the legal challenge argued that the taxi app firm was acting unlawfully.

The test cases, brought by drivers James Farrar and Yaseen Aslam, argued that they should be entitled to the national minimum wage and holiday pay.

However, representatives for Uber, which is headquartered in the Netherlands, had said its drivers are not exclusively tied to working for the company, and have the freedom to also work for other operators.

Uber has previously argued that UK drivers should not be allowed to enforce UK employment rights in UK courts, and should only seek arbitration in Dutch courts.

Maria Ludkin, legal director at the GMB, said: "This case represents the first proper legal review of whether jobs in this part of the so called gig economy really represent a new paradigm of freedom and self-employment, or in fact are simply a new technology ploy to deny employed workers ordinary employment rights and a national minimum wage."


13 comments:

Anonymous said...

how does that affect anyone on eg GETT, HALO etc ?

Anonymous said...

are they now liable for the rapes and sex offences committed by their employees ?
I hope they get their arses sued off.

Anonymous said...

Now I ask the question are black cab drivers employed by TFL?? They govern as a BOSS! Telling us we must have card machines and drivers are accountable to TFL Basically they hire( knowledge) and fire(can revoke your liscence like a boss) ALL YELLOW BADGES would love to be paid minimum wage and holiday pay ?? Maybe another court case awaits do we or do we not work for TFL!!

Anonymous said...

Master servant relationships are a grey area which the Revenue always keeps a close eye on, BBC presenters were recently clobbered as well for being pseudo self-employed.

Addison lea could very well now have a problem as they even supply cars etc.

If TFL continue their control freakery and manage to cross the line by continuing to micro manage black cabs, telling us actually how to take credit cards etc then we may well soon have a case.

If they try to tell us what to wear, when to work, we can all look forward to minimum wage, maternity/paternity leave etc etc.

Anonymous said...

No because Tfl don't pay you. Your customer does.
They are the regulator.
Uber pays its drivers.

Anonymous said...

It looks like uber may well get their driverless cars!

Anonymous said...

Move over LTDA im joining GMB. They have helped reign in the wild west. Gutted Uber and gutted TFL!

Anonymous said...

Most of the new suburban drivers who have very poor English , are. Working for uber , do they will be getting holiday pay as we'll .

Anonymous said...

Its no longer in uber's interest to fight tfl on the english requirement. Question is what kind of a u turn will they make? What advice will Leon Daniels give Jo Bertram, maybe she will consult with his brother Jack Daniels...

Anonymous said...

My thoughts exactly, maybe ucg legal team can look intoit

Anonymous said...

Yep. Logically its a risky road. So little back street mini cab has to pay holiday pay. If thats the case. We are in the same boat.

eze said...

get real chaps,

Maggo Cab said...

If you actually think about it if Uber drivers are employees this leaves the company open to criminal charges if on of their employees attacks a passenger