Saturday, October 20, 2018

Working on a Taxi or Private Hire App – What does it mean?


Back in September 2017, I was suspended from the MyTaxi app in a 27-second phone call and then subsequently terminated from the App in April 2018 – I allege that this is an unfair deactivation for blowing the whistle, hence, why I’m bringing an employment tribunal claim.

I want to take the emotion out of the argument for a second and explore the facts in regard to what questions an employment tribunal could potentially raise;

1. If we look back at the Uber drivers employment tribunal, the private hire regulatory framework was discussed at length with Uber’s lawyers claiming that Uber is just the drivers “agent” and the driver is a self-employed contractor – this argument was rejected by the Judge on a number of factors, one being the “control” that Uber hold over their drivers and another being the regulatory framework i.e. the fact that Uber drivers are not independent workers because they cannot operate independently and are reliant on Uber accepting the App booking and sending them the job.

2. Uber & TfL both claim that Uber drivers are not “plying for trade” and the App job is a “pre-booking” therefore, was the only reasonable conclusion the employment Judge in the Uber employment tribunal could come to, was that; if Uber hold a significant workplace “control” over the driver i.e deactivations without reason and it’s Uber who are accepting the booking as a “pre-booking” in line with the private hire legislation, then, is it safe to conclude that the Uber driver is a Limb – (b) worker with certain employment rights?

3. What is certain with MyTaxi is that taxi drivers have been deactivated from the App without any real reason given, the question is; does this and other contractual requirements show that MyTaxi have as much “control” over the taxi driver as Uber have over their private hire drivers?

4. There is no secret that I’ve asked MyTaxi many times prior to my sacking; am I plying for hire on the App, or are MyTaxi accepting the App job as a “pre-booking”?

5. If MyTaxi is accepting the booking as a “pre-booking” and has a similar level of “control” over the taxi driver that Uber has over their drivers, then why wouldn’t taxi drivers also be classed as Limb – (b) workers with certain employment rights?

6. However, if MyTaxi argues that I am (as taxi driver) operating independently via the App and MyTaxi have no “control” over me - then can it be said that I must be “plying for trade” independently via the App?

7. Conversely, if Uber keep arguing at the employment tribunal that their drivers are operating independently as independent contractors, then can it said that Uber drivers must also be “plying for trade” independently via Uber App? 

8. So an interesting question arises, is the status of an independent worker in employment law linked to whether a driver is independently “plying for trade” or not?

9. This, in my opinion, is such a valuable discussion within the employment argument for our working practices via Apps in the future.

TAXI LEAKS EXTRA BIT : Embrace the future where we can sack you without explanation a any time!

    

Question...."Will you undertake to get Chris a reason why he was expelled from the circuit?"
Answer...."We don't have to give a reason!"

Do you really believe this attitude is good for the trade? 
Is this what you want for your future?
Is this what you did the knowledge for?

Don't forget, it's what people want, it's the future, we've been told time and time again to embrace the future..... (Mainly by people who don't drive cabs for a living but make a living off the backs of cab drivers)
When they have all the work, they can virtually make you redundant at any time!

Will they expell you for refusing too many trip offers?
Will they expell you for making derogatory tweets against the company?
(Our largest org is currently doing this with little to no resistance from its membership!)

Friday, October 19, 2018

Uber’s next trick? Bouncers for hire.

First it was cheap taxi rides. Then it delivered takeaways from restaurants that were once the preserve of those dining in. 

Now Uber is shipping out short term staff for all your function needs, in other words Door Staff, Bouncers Waiters etc. 

The Silicon Valley startup-turned global enterprise is said to be working on Uber Works, which will offer up temporary staff such as security and event assistants for functions at the tap of a phone screen.

It is already building up a team in Chicago, according to the Financial Times. If true, it seems like a surprising pivot from its main business model.

ZERO HOURS

The news will add further fuel to grumbling workers’ rights campaigners across Europe, who have tried vehemently to oust Uber for its poor track record on giving benefits to its couriers and drivers, who are not technically employees.

Uber has already waded into an ongoing row over drivers’ rights, with campaigners claiming they should be classes as employees. And it has only just smoothed over its hiccup in London, where its licence was revoked in 2017. 

Offering up temporary staff without rights could cause more of a headache across European cities.

It also seems particularly tone deaf for a company so hellbent on cleaning up its image, investing heavily in a rebranding in recent weeks. The zero hours contractor market is already viewed with some suspicion in the UK due to employees' lack of holidays or guarantee of consistent work.

STROKE OF GENIUS?

Plus, the market is well trodden. Staffing and contractors companies including G4S (is that not linked with the PM’s husband?) have a strong hold, and clients might need more than a swishy app to convince them to part ways.

However, this leak could be a stroke of genius for the company, which is preening itself ahead of a stock market debut tipped for 2019. 

Questions remain over whether Uber can continue to grow in both new and established markets as competition ramps up.

The company declined to comment when approached by The Telegraph, but stay tuned. Under new boss Dara Khosrowshahi, the company has been working to clean up its act and transform its business model from startup to a responsible business investors can expect a return on. 

Source : Telegraph. 

Update On The Lisson Grove Gang Taxi Driver Mugging : News From The Met.

Back in September Taxi driver and prominent LCDC member Tony Casey, shared his fears that somebody "could be killed" as Taxi drivers were being targeted by a prolific mugging gang from Lisson Grove.



Tony, who has been driving a black cab in London since the 1980s, says the attacks which are becoming too commonplace have spread to other parts of central London and have become more worrying as violence is now being used towards drivers.

But Tony didn't just leave it there. 
He made an appointment to see PC Kelly who is attached to the staff office of Borough Commander of Havering. The officer put Tony in contact with the Met sergeant in charge of neighbourhood policing for the Maida Vale and Little Venice Areas (Sergeant Scott Barden Marshall), who explained to Tony, that his unit is keen to get this sorted.

Sergeant Marshall said to Tony he knows he needs to do a great job here and stressed that so far, is going better than he first anticipated. 

After the recent outcry on social media, we've now received news that the issue has now been taken on by the 'Robbery And Gangs Unit' who have been directed to look into these serious crimes against Taxi drivers.

In an interview with the unit, Tony insisted that its only a matter of time before these attacks include fare paying passengers, and now the issue has started to gathered pace. 

Gangs are targeting taxi drivers for their takings and their phones. This includes brazen attempts to stop the cabs in the street, and even trying to get drivers to help disabled people get into the Taxi, only to rob them when they step out of the cab. Tweets also say a driver was attacked with a fire extinguisher. One driver on the rank at Marylebone Station was threatened with acid.

Tony said: "For the last few years, licensed cab drivers have been robbed while driving through Lisson Grove and now it's expanding to the West End and Knightsbridge. It’s no joke. Somebody, either a taxi driver or one of the gang members, could be killed."

This extract below from the Ham and High, regarding the robberies:
Alex Workman has been driving a taxi for 11 years, and lives in Lisson Grove. He has seen the aftermath of many street robberies.
"I picked up a group in Praed Street," he said. "When they all piled in, they said: ‘Can you pick up my friend’s bag on the way?’"
When Alex’s cab pulled up, the youths picked up a bag from the street. He quickly realised they had a driver’s money bag.
"I told them to get out, and they dropped the bag on the way. When I checked, it was empty. A woman came up and said she’d seen a taxi driver being robbed."

The 37-year-old says some taxi drivers are no longer carrying cash bags to minimise the risk of being robbed. He told us he fears for his safety.
"Myself, and other drivers know who these people are. 
It would be an easy problem to tackle, but they would have to get a police presence in the area. I don’t have much confidence in the police full stop. I don’t blame individual officers, I put blame directly at the door of commissioner Cressida Dick.



"Like a lot of visible crime at the moment, you need visible officers. It’s not about taking DNA or doing stuff behind computer screens, it’s about getting boots on the ground."

Another TfL's Balls Up : This Time Regarding Charging Placements


Transport for London principal technical specialist and road safety auditor Faith Martin confirmed that TfL currently has no official guidance on how or where charging points should be placed, following several complaints about charging point placements in the capital. It's clear that TfL have no idea how to solve this problem!

According to the National Charge Point Registry, London has around 530 electric Vehicle charging points. However, it has emerged that TfL’s street planning guidance, Streetscape, has no official guidelines on how they should be installed with regards to street planning.

But then, when have TfL taken any notice of guidelines ?
They had the PHV act of 1998, centuries of legislation laid down by Parliament, and yet they still illegally licensed an app to ply for immediate hire!!!
They've created massive pollution causing congestion in a bid to get people to use the new tube line that is over budget and overdue. And have done their upmost best to destroy London's 360 year old Taxi industry. 

Martin added that TfL was conducting more research, with updated guidelines to be released within a year.
Taxi Leaks could have saved TfL millions in research and consultations, with the advice that segregated cycle lanes create congestion, pedestrianising major roads creates congestion, bad traffic light phasing creates congestion and congestion creates toxic pollution. 

Getting back to charging points:
The Department for Transport guidelines for inclusive mobility recommended a carriageway to have two metres of space for pedestrian traffic – the minimum amount needed for two wheelchairs to pass each other – an issue for London’s narrow streets, even without bulky charging points.

There have been several noteable examples of poorly placed charging points in London, including this one on Farringdon, which is still in place:
 


Alan Hayes, member of the Engineering Energy for the Future project group said that the split between some charging points being under TfL and others under Local Authorities was potentially confusing to users.

“Streetscape guidance for charging points in London is split between TfL and the boroughs,” he said. “This structure is in danger of propagating a patchwork approach to EV charging provision that could be inconvenient and confusing for pedestrians, cyclists and motorists alike.....Well I never???.... perhaps Mayor Sadiq Khan has made a massive mistake trying to introduce technology before it's ready or suitable for a city like London!!!




TFL's idea of encouraging a reduction in harmful emission from vehicles in London is to narrow streets, ban left turns, ban right turns, keep vehicles at junctions longer with a 7 second green light and cause major gridlock all over the capital. 

TfL says it has "tried to limit congestion caused by cars and encouraging healthier, more active forms of travel” but it's time to face the fact that it has failed miserably.  

Wednesday, October 17, 2018

Latest Update On MyTaxi - Workers Rights Funding, Round 2.


Hiya All

Just a super quick update, as you probably know by now a preliminary hearing is pencilled in for the 8th Jan 2019 - your support has been fantastic since we started fundraising for our employment tribunal against MyTaxi for basic worker rights.


However, I need your help to hit the next target in our quest to finance the legal support.


Our overall target is still £18,000......however, we need to hit the stretched target of £10,000 by the end of October.


We have currently raised £8,300 so we need to raise another £1,700 in 15 days.

Can I please ask you to ask any freinds or family who may wish to make a small contribution - 

We have come so far with this campaign, let us hope we can continue with the momentum.


Again, I really do thank you for your kind support. 

Best wishes


Chris Johnson. 





Political Correctness Gone Made. CoL Richard Kemp Slams Order Banning Poppy On BTP cars.


This is British Transport Police Assistant Chief Constable Sean O'Callaghan.
He has forbidden officers, many of whom are ex forces, from placing Poppy stickers on or in their cars, ahead of Remembrance Sunday....incase it upsets other charities!!!
We ask him to name these so called charities...
Is he alluding to the charities that sell white poppies?

The veto had “gone down a like a cup of cold sick”, according to some bobbies, many of whom served in the British Armed Forces.

British Transport Police officers are fuming at poppy ban.
Col Richard Kemp, a former commander of British Forces in Afghanistan, said “This ban has the stench of political correctness all over it.”

This comes in the wake of another cowardly act by a high ranking Police officer who locked himself in his car as a colleague was stabbed to death in front of him.



This year’s November 11 memorials mark the 100th anniversary since the end of the First World War.

But Assistant Chief Constable O’Callaghan told his force it “would not be doing the right thing” to support one charity.

One unnamed officer said: “In the year we mark 100 years since the end of the Great War, people seem to be forgetting what those blokes died for.”

Many police officers affected by the BTP poppy vehicle ban are ex-Armed Forces members.
This ban has the stench of political correctness all over it
Col Richard Kemp, former commander of British Forces in Afghanistan
A BTP spokesman said it was worried the stickers were not official merchandise.

The spokesman said: “It is important to stress that British Transport Police supports the Royal British Legions Poppy Appeal.

“Each year, officers up and down the nation attend Remembrance Sunday events, in memory of those who died.

"However, we were concerned that stickers placed on some of our cars were not official Poppy Appeal merchandise.

“Because of concerns regarding where the money for these stickers was ending up, we took the decision to not place these Poppy stickers on BTP vehicles.

"We fully recognise the sacrifices made by all armed forces colleagues, therefore we will always permit officers and staff to wear the traditional Royal British Legion poppy on their uniform."


The force are forbidden from carrying the iconic red poppy emblem on their cars.
Outraged Britons took to social media to vent their fury at the poppy ban.

Ian Blackshire posted: “What is this country coming to? Utterly disgraceful.”

Andrew Jones wrote: “They wouldn’t ban me. Absolutely disgusting. Whoever came up with this idea should be sacked.”

It comes as Cambridge University students sparked anger after turning their back on next month’s Remembrance Day.

Cambridge University’s Student Union had been asked to do more to promote Remembrance Day, but claimed poppies “glorify” war.


A motion put forward by two members of the university Conservative Association (CUCA) to ensure “Remembrance Day becomes a well-established and well-marked event” was rejected.


London Taxi Trade Call For Action After Three Years Of Driver Muggings.


Yesterday saw uproar on social media from the London Taxi Trade. Another driver, violently mugged for a few pounds in his money bag. 


After three years of this gang mugging their way through the Taxi Trade, there are now calls for vigilante’ groups to set up honey traps from within the rank and file drivers.
The police at present appear to be ignoring calls from desperate drivers who have been attacked and in some cases are refusing to attend. 

We had one driver who phoned 999 after being threatened by an attacker with acid. After being held on the line for 20 minutes, he was told that they didn’t have anyone available to attend the scene. 

But as sure as eggs are eggs, if someone were to call the police and say that a group of London Cabbies were harassing three young Arab looking children.... the police would turn up by the coach load and the possibility of drivers losing their bills would be a sure bet, with police spokesmen in the media saying we can’t have Londoners taking the law into their own hands!!!!!

Drivers must not ‘tool up for protection’ you will lose your licence if caught with any type of weapon in the cab. 

But where are our largest trade org on this problem????
Have they again dcided to 'wait and see' ???
Not a word in their inhouse publication, not a word from their online platforms.... and yet this org’s management is mainly made up of ex-police officers ????

Our representative orgs and Unions must demand action today from the police. 
It is unacceptable that our trade is being subjected to these dangers, with virtually no response or protection from authority. 

RINGING 101 IS A COMPLETE WASTE OF TIME, DON'T BOTHER...ALWAYS RING 999.
Trade leaders must seek immediate meetings with the Mayor and police commissioner and demand action!!!

CRIMES AGAINST TAXI DRIVERS HAVE BEEN SLIPPING DOWN THE LIST OF PRIORITY OFFENCES UNDER SADIQ KHAN.
This isn’t a new problem to our trade, this gang (labelled, the Lisson Grove Gang) have been mugging their wY through the Taxi Trade for over three years. 

More recently, the gang have extended their operational area from just around Church Street/Frampton Street Edgware Road....to Pread Street, Finchley Road, Marylebone Station, Park Lane, Piccadilly and Knightsbridge. 
There appears to be two groups:
First group at younger and use diversional tactics to distract the driver allowing other members of the gang to snach property such as mobile phones, money bags, satnavs....


Second group are older and use violence against the driver.
They know who the door locks work and at open windows, put their arm inside, unlock and open the door. Drivers have been dragged out of their cabs and assaulted. 


THIS CANT BE LEFT TO GO ON UNCHALLENGED.

The only protection we have at present :

Be vigilant by being aware!
* keep the doors locked
* Never open the window more than is needed to hear destination 
* If approached and asked to get the ramp out, wait until you see the wheelchair, then turn off the engine and remove keys, manually lock the front luggage door, lock the drivers door... before getting the ramp ready. 
* Only deal with passengers through nearside window if possible and never open the drivers window more than a couple of inches.
* Never get out of the cab to deal with these gang members (a bilk is better than being violently mugged)

These are dangerous times on our streets and the only protection we have at the moment is our own vigilance. 



TAXI LEAKS EXTRA BIT : Deputy Mayor For Transport....Missing Person ?
Taxi Leaks has been informed that the Mayor and deputy Mayor for transport have said they at naval able to meet with the Taxi Trade????

The LCDC will circulating this poster to drivers  


The LCDC asks the questions!
Heidi, may I ask you what exactly is your transport remit? 
Have you seen the Bloomsbury disgrace?

You should be at the forefront in stopping the emissions & congestion mess we are experiencing.