Uber employment tribunal ruling
Historic victory for Uber drivers as Tribunal finds they are entitled to basic workers’ rights:
The London Central Employment Tribunal has found that a group of Uber drivers are workers and are entitled to receive the National Minimum Wage and holiday pay.
In a landmark ruling that follows a hearing in July, which will affect tens of thousands of Uber drivers, the Employment Tribunal has ruled today that a group of Uber drivers are not self-employed but are workers who are entitled to essential workers’ rights ...
Copy of the judgment:
Twenty years ago I worked as a cycle courier whilst training to do this job (it was the only thing that allowed me the flexibility to volunteer at the CAB 2 days a week). Company gave me the pick ups and told me where to go - all at the direction of the controller. There weren’t alternatives, I couldn’t pick and choose my pick ups or runs. Whilst there may have been an element of ‘choice’ this was very limited (I wasn’t obliged to turn up but if I didn’t, then I didn’t earn - and if I didn’t turn up regularly, I’d be off the books).
Much like sub-contracting in the constuction industry, this kind of ‘self-employment’ has always been a get up, the sole aim of which is to facilitate employers being able to avoid paying NI and grant employment rights (such as they are).
A long time coming.
omg, past caring in lycra!!!!
Guessing there will be several more appeals before this takes on any significance whatsoever. Nice media story but early days in terms of how this will really play out. Will only really change when there is political will but why would there be? Reducing NI to near zero for employers has effectively been a hidden policy agenda for years and we all know how well collecting tax is going.
whilst it is the case that Uber will appeal (well, be gobsmacked if they didn’t) and possibly as far as the SC and ECJ given the applicability of EU law, it is nonetheless interesting and applies much earlier learning.
the difference between who is an employee (or should be treated as one) or not has often been treated as a question of control - who controls the work etc.
and it was an interesting analysis of the different positions, particularly where the ET points out that uber’s position involves a legal impossibility
it’s not just a “media story”; it’s an important case which gives hope to many and i would like to think that the EAT etc will not reverse it.
and if they do reverse it, the drivers can take it to the EU (and to holland…)
Irwin Mitchell has reported that Uber has put in an appeal against the employment tribunal ruling as expected.
Report from the Guardian that Uber has been granted permision to appeal to EAT - hearing set for 27 September.
they were always going to get permission to appeal, given the importance of the case etc…...