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PostPosted: Mon Oct 31, 2016 8:47 pm 
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For the umpteenth time this thread is not about Uber it is meant to be a discussion on what is or isn't self employment the uber case is a little different due to their contracts the drivers sign :roll:

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PostPosted: Mon Oct 31, 2016 9:32 pm 
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edders23 wrote:
For the umpteenth time this thread is not about Uber it is meant to be a discussion on what is or isn't self employment the uber case is a little different due to their contracts the drivers sign :roll:

Remind us in one sentence what the question is again then?

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PostPosted: Mon Oct 31, 2016 11:43 pm 
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Sussex wrote:
edders23 wrote:
a self employed bricklayer is under the direction of the company as is say a plumber working under contract or a hairdresser renting a chair or a photocopier repairman called in to fix a machine whilst he is on the premises he is under the direction of the company

Depends on the circumstances.

Read section 92 of the judgement and see if they really are self-employed, and see how many taxi/PH drivers are really self employed.

92 Sixth, we agree with Mr Linden that it is not real to regard Uber as working 'for' the drivers and that the only sensible interpretation is that the relationship is the other way around. Uber runs a transportation business, The drivers provide the skilled labour through which the organisation delivers its services and earns its profits. We base our assessment on the facts and analysis already set out and in particular on the following considerations.

(1) The contradiction in the Rider Terms between the fact that ULL purports to be the drivers' agent and its assertion of "sole and absolute discretion" to accept or decline bookings.
(2) The fact that Uber interviews and recruits drivers.
(3) The fact that Uber controls the key information (in particular the passenger's surname, contact details and intended destination) and excludes the driver from it.
(4) The fact that Uber requires drivers to accept trips and/or not to cancel trips, and enforces the requirement by logging off drivers who breach those requirements.
(5) The fact that Uber sets the (default) route and the driver departs from it at his peril.
(6) The fact that UBV fixes the fare and the driver cannot agree a higher sum with the passenger. (The supposed freedom to agree a lower fare is obviously nugatory.)
(7) The fact that Uber imposes numerous conditions on drivers (such as the limited choice of acceptable vehicles), instructs drivers as to how to do their work and, in numerous ways, controls them in the performance of their duties.
(8) The fact that Uber subjects drivers through the rating system to what amounts to a performance management/disciplinary procedure.
(9) The fact that Uber determines issues about rebates, sometimes without even involving the driver whose remuneration is liable to be affected.
(10) The guaranteed earnings schemes (albeit now discontinued).
(11) The fact that Uber accepts the risk of loss which, if the drivers were genuinely in business on their own account, would fall upon them'9
(12) The fact that Uber handles complaints by passengers, including complaints about the drivers
(13) The fact that Uber reserves the power to amend the drivers' terms unilaterally.


nowt new there really

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PostPosted: Mon Oct 31, 2016 11:48 pm 
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wannabeeahack wrote:
Sussex wrote:
edders23 wrote:
a self employed bricklayer is under the direction of the company as is say a plumber working under contract or a hairdresser renting a chair or a photocopier repairman called in to fix a machine whilst he is on the premises he is under the direction of the company

Depends on the circumstances.

Read section 92 of the judgement and see if they really are self-employed, and see how many taxi/PH drivers are really self employed.

92 Sixth, we agree with Mr Linden that it is not real to regard Uber as working 'for' the drivers and that the only sensible interpretation is that the relationship is the other way around. Uber runs a transportation business, The drivers provide the skilled labour through which the organisation delivers its services and earns its profits. We base our assessment on the facts and analysis already set out and in particular on the following considerations.

(1) The contradiction in the Rider Terms between the fact that ULL purports to be the drivers' agent and its assertion of "sole and absolute discretion" to accept or decline bookings.
(2) The fact that Uber interviews and recruits drivers.
(3) The fact that Uber controls the key information (in particular the passenger's surname, contact details and intended destination) and excludes the driver from it.
(4) The fact that Uber requires drivers to accept trips and/or not to cancel trips, and enforces the requirement by logging off drivers who breach those requirements.
(5) The fact that Uber sets the (default) route and the driver departs from it at his peril.
(6) The fact that UBV fixes the fare and the driver cannot agree a higher sum with the passenger. (The supposed freedom to agree a lower fare is obviously nugatory.)
(7) The fact that Uber imposes numerous conditions on drivers (such as the limited choice of acceptable vehicles), instructs drivers as to how to do their work and, in numerous ways, controls them in the performance of their duties.
(8) The fact that Uber subjects drivers through the rating system to what amounts to a performance management/disciplinary procedure.
(9) The fact that Uber determines issues about rebates, sometimes without even involving the driver whose remuneration is liable to be affected.
(10) The guaranteed earnings schemes (albeit now discontinued).
(11) The fact that Uber accepts the risk of loss which, if the drivers were genuinely in business on their own account, would fall upon them'9
(12) The fact that Uber handles complaints by passengers, including complaints about the drivers
(13) The fact that Uber reserves the power to amend the drivers' terms unilaterally.


nowt new there really


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PostPosted: Tue Nov 01, 2016 7:49 am 
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Sussex wrote:
edders23 wrote:
For the umpteenth time this thread is not about Uber it is meant to be a discussion on what is or isn't self employment the uber case is a little different due to their contracts the drivers sign :roll:

Remind us in one sentence what the question is again then?



I'll rephrase it then

why aren't hackney and PH drivers self employed because as I see it in almost all business models that i am aware of except split purse and Uber they meet the criteria as laid down

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PostPosted: Tue Nov 01, 2016 10:37 am 
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edders23 wrote:
Sussex wrote:
edders23 wrote:
For the umpteenth time this thread is not about Uber it is meant to be a discussion on what is or isn't self employment the uber case is a little different due to their contracts the drivers sign :roll:

Remind us in one sentence what the question is again then?



I'll rephrase it then

Quote:
why aren't hackney and PH drivers self employed because as I see it in almost all business models that i am aware of except split purse and Uber they meet the criteria as laid down


No because of a shady loophole in the tax laws, that allow owners to use drivers as skivvy's


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PostPosted: Tue Nov 01, 2016 5:30 pm 
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edders23 wrote:
Sussex wrote:
edders23 wrote:
For the umpteenth time this thread is not about Uber it is meant to be a discussion on what is or isn't self employment the uber case is a little different due to their contracts the drivers sign :roll:

Remind us in one sentence what the question is again then?



I'll rephrase it then

why aren't hackney and PH drivers self employed because as I see it in almost all business models that i am aware of except split purse and Uber they meet the criteria as laid down


No they dont and its outlined for you above

lets assist as you aint a bad lad just clearly frightend your going to get clobberd :D

A driver that is required to do shifts
that is required to charge fares stipulated by a company
that is required to take each and every trip allocated to him be the company [some company's send drivers to customers with a history of violence to drivers ] :evil:
that is penailised in ANY way for declining trips
that is required to drive a liveried vehicle

is required to wear company insignia
that is directed to cover account work at differing rates to the norm within the company
That is charged RENT despite the fact he is not available for work [sick family commitments on hols]

Theres more of course split bags and such like are clearly in the WORKER category which is what the judgement refers to

As for building workers etc that will depend upon the precise detail you are generalising as is Trevor

I see massive changes within the industry giving Drivers many more rights and protections and no reason for fair minded Proprietors to be concerned, however if your of the most common type Uber Addy Lee Delta etc you now have a real problem a Driver can nail you when he feels like it :badgrin:

Many companies will depend upon the intrinsic stupidity of the normal Driver and expect them to lack the will, courage and determination to confront them, and no doubt that tactic will be successful BUT and its a BIG but it only takes that ONE driver to go to an Employment tribunal and that proprietor is DEAD MEAT.

If i were a proprietor i would be seeking a reognition agreement with the RMT UNITE or the GMB to ensure i was completely clear of any such actions by Drivers against my Company and watch the opposition getting slaughterd whilst my happy drivers and my company flourished, remember ALL Drivers want to be associated with a flourishing fair Company :D

I expect this to be way beyond your comprehension edders Dear Boy but its genuine attempt by me to assist YOU i suspect your current methods will land you deep in the POOP #-o
Anyway i tried ........................no charge this time :D :D :D :D

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PostPosted: Tue Nov 01, 2016 6:56 pm 
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any doubts call HMRC...

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PostPosted: Tue Nov 01, 2016 9:31 pm 
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A driver that is required to do shifts

My drivers work an agreed pattern chosen by them

that is required to charge fares stipulated by a company

council set meter rate set fares are agreed between myself and the drivers or even set by the drivers themselves

that is required to take each and every trip allocated to him be the company [some company's send drivers to customers with a history of violence to drivers ] :evil:

No my drivers can refuse a fare and do so where a particular customer has been abusive or rude to them and where several drivers have a problem with a customer we ban the customer

that is penailised in ANY way for declining trips

Certainly not if a driver refuses a job because they are front rank for instance drivers are always offered the next job and airport work drivers sometimes stay top of the list for ages because they don't want to do anything which might be outside their preferred working hours

that is required to drive a liveried vehicle

No we don't most of my drivers have their own cars there is NO stipulation on colour no signwriting or embellishments of any kind imposed other than what is required by the licensing authority

is required to wear company insignia

No they can wear what they like


that is directed to cover account work at differing rates to the norm within the company

account work is generally at the same rates as cash work we don't bid for silly underpriced school work as I won't take work on at a price the drivers are uncomfortable with

That is charged RENT despite the fact he is not available for work [sick family commitments on hols]

never my drivers only contribute to the costs of the business based on shifts worked

And I would say this is quite typical of a lot of businesses in this trade I earn my living as a driver not by exploiting other drivers and I would suggest TT that you actually get your facts straight before you assume otherwise.

I do however run my business in a HIGHLY competitive environment engineered by our council who like to maintain the trade in an oversupply situation so as to ensure demand is always easily met and prices are kept down

Oh yes and by the way TT it may have escaped your notice BUT the Uber judgement was a ruling by an employment tribunal about 2 individuals not a change in the law of the land

even for the 39998 other uber "partners" they would ALL need to take the business to a tribunal to gain a meaningful change in their employment status :wink:

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PostPosted: Tue Nov 01, 2016 11:00 pm 
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wannabeeahack wrote:
nowt new there really

Well there is, as the person who is saying it, isn't a taxi/PH driver, nor an accountant, but a senior employment judge.

That is very much new.

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PostPosted: Wed Nov 02, 2016 12:32 am 
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@Edders
My company is completely the other way round;

We have to have cars a certain colour,
We have to wear company branded clothing (which we have to pay for),
We have to work certain shifts : Day cars at school times, night cars between 2am-6am on a rota to ensure enough cars out overnight (or pay £20 to get another car to cover),
We have to charge less than the council metered rate on all jobs (except HC on street work),
We have to do contract work at a discount,
We have to give a discount if the customer asks (10%),
We cannot refuse to do a job once it has been accepted on the datahead (without a valid reason, abusive, non payer etc.),
We have to pay rent even if we are on holiday, off sick etc.,
If you're a hack you are not allowed to do street work when the phones are busy and there's booked jobs waiting,
We have to do distance work on fixed prices set by the company.

If you don't comply with any of the above you are called to the office for a disciplinary, at a time decided by the owners not of your choosing. At which you are told you must do/not do this and that, it's the company rules. When you remind them you are self employed and should be able to choose how you work, within legal requirements, the answer is always ' if you don't like it go and work for someone else, we don't have to accept your rent '.

So it looks like the company wants to treat us as employees, telling us what we must do, but leave all the expense of being able to work, and pay for the running of the company to us.


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PostPosted: Wed Nov 02, 2016 11:26 am 
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Sasha
Do you work as part of a coop, or do you rent a cab from someone on a coop circuit n


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PostPosted: Wed Nov 02, 2016 11:46 am 
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sasha wrote:
@Edders
My company is completely the other way round;

We have to have cars a certain colour,
We have to wear company branded clothing (which we have to pay for),
We have to work certain shifts : Day cars at school times, night cars between 2am-6am on a rota to ensure enough cars out overnight (or pay £20 to get another car to cover),
We have to charge less than the council metered rate on all jobs (except HC on street work),
We have to do contract work at a discount,
We have to give a discount if the customer asks (10%),
We cannot refuse to do a job once it has been accepted on the datahead (without a valid reason, abusive, non payer etc.),
We have to pay rent even if we are on holiday, off sick etc.,
If you're a hack you are not allowed to do street work when the phones are busy and there's booked jobs waiting,
We have to do distance work on fixed prices set by the company.

If you don't comply with any of the above you are called to the office for a disciplinary, at a time decided by the owners not of your choosing. At which you are told you must do/not do this and that, it's the company rules. When you remind them you are self employed and should be able to choose how you work, within legal requirements, the answer is always ' if you don't like it go and work for someone else, we don't have to accept your rent '.

So it looks like the company wants to treat us as employees, telling us what we must do, but leave all the expense of being able to work, and pay for the running of the company to us.


Sasha clearly the you are a worker under the direction of the company and are entitled to employment rights, the disclipinary procedure you outline is clearly illegal and renders YOUR company to be acting illegally rendering then not FIT AND PROPER.....................join the GMB and whack the fookin scum =D> =D>

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PostPosted: Wed Nov 02, 2016 11:49 am 
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edders23 wrote:
A driver that is required to do shifts

My drivers work an agreed pattern chosen by them

that is required to charge fares stipulated by a company

council set meter rate set fares are agreed between myself and the drivers or even set by the drivers themselves

that is required to take each and every trip allocated to him be the company [some company's send drivers to customers with a history of violence to drivers ] :evil:

No my drivers can refuse a fare and do so where a particular customer has been abusive or rude to them and where several drivers have a problem with a customer we ban the customer

that is penailised in ANY way for declining trips

Certainly not if a driver refuses a job because they are front rank for instance drivers are always offered the next job and airport work drivers sometimes stay top of the list for ages because they don't want to do anything which might be outside their preferred working hours

that is required to drive a liveried vehicle

No we don't most of my drivers have their own cars there is NO stipulation on colour no signwriting or embellishments of any kind imposed other than what is required by the licensing authority

is required to wear company insignia

No they can wear what they like


that is directed to cover account work at differing rates to the norm within the company

account work is generally at the same rates as cash work we don't bid for silly underpriced school work as I won't take work on at a price the drivers are uncomfortable with

That is charged RENT despite the fact he is not available for work [sick family commitments on hols]

never my drivers only contribute to the costs of the business based on shifts worked

And I would say this is quite typical of a lot of businesses in this trade I earn my living as a driver not by exploiting other drivers and I would suggest TT that you actually get your facts straight before you assume otherwise.

I do however run my business in a HIGHLY competitive environment engineered by our council who like to maintain the trade in an oversupply situation so as to ensure demand is always easily met and prices are kept down

Oh yes and by the way TT it may have escaped your notice BUT the Uber judgement was a ruling by an employment tribunal about 2 individuals not a change in the law of the land

even for the 39998 other uber "partners" they would ALL need to take the business to a tribunal to gain a meaningful change in their employment status :wink:


from what you have posted it appears you run a fair and successful company Edders good luck to you and i hope you earn plenty of £££££££££££££££ ATB TT =D>

Mind working a pattern could be deemed a shift careful on that one , what happens if they break the pattern a good rep could drive a coach and horses through that, 3998 nonsense the scene is set all Drivers evcen in the courier industry and maybe outside of transport can NOW depend on that decision i keep telling you all read mARIA lUDKINS GMB LEGAL OFFICERS BREAK DOWN!

But as you will see Sasha reveals the other side of the coin his company needs sorting big time their to me fookin vermin =D> =D>and if sasha and his fellow Drivers were to involve a Union would soon be put straight =D> =D> =D> =D> =D>

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PostPosted: Wed Nov 02, 2016 12:02 pm 
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trotskys twin wrote:
But as you will see Sasha reveals the other side of the coin his company needs sorting big time their to me fookin vermin



He can walk if he wants....we abolished slavery years ago

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