Uber faces UK legal action over drivers' rights


Lawyers want Uber to class its drivers as employees and not contractors (Reuters)

Uber, the smartphone app-based taxi provider, is facing legal action in the UK over whether it treats its drivers as employees or partners and contractors. Brought by law firm Leigh Day on behalf of the GMB union, the lawsuit claims Uber does not ensure its drivers are paid a minimum wage or receive holiday pay.

Uber claims its drivers are "partners" instead of employees. Drivers are hailed by users of the Uber smartphone app, which is also used to track journeys and process payments. Uber operates in 300 cities worldwide, including London, Leeds, Manchester, Sheffield, Bristol and Newcastle in the UK.

According to Leigh Day, lawyers argue that Uber is in breach of employment law, but also "there are serious health and safety issues as currently Uber does not ensure its drivers take rest breaks or work a maximum number of hours per week". The lawyers argue that these working conditions pose "a substantial risk to all road users" – especially given that the company itself claims there will be 42,000 Uber drivers on London's roads by 2016, double the number of black cabs.

Furthermore, the law firm is unimpressed with reports of Uber drivers being suspended or having their accounts deactivated after making complaints about unlawful treatment, without being given an opportunity to challenge the company's actions. Leigh Day points out that no employer can remove staff for raising these issues.

Successful legal action against Uber could see "substantial payouts for drivers", Leigh Day claims These would include "compensation for past failures by the company to make appropriate payments to what lawyers argue are their workers".

Uber should take responsibility for its drivers

Nigel Mackay, a lawyer in the employment team at Leigh Day, said: "Uber not only pays the drivers but it also effectively controls how much passengers are charged and requires drivers to follow particular routes. We believe that it's clear from the way Uber operates that it owes the same responsibilities towards its drivers as any other employer does to its workers.

"In particular, its drivers should not be denied the right to minimum wage and paid leave. Uber should also take responsibility for its drivers, making sure they take regular rest breaks... If Uber wishes to operate in this way, and to reap the substantial benefits, then it must acknowledge its responsibilities towards its drivers and the public."

Uber drivers say they are not required to take breaks. Theoretically they could work 24 hours a day without the app automatically logging them out and forcing them to rest.

An Uber spokesperson said: "One of the main reasons drivers use Uber is because they love being their own boss. As employees, drivers would drive set shifts, earn a fixed hourly wage, and lose the ability to drive elsewhere as well as the personal flexibility they most value. The reality is that drivers use Uber on their own terms: they control their use of the app."

source: http://www.ibtimes.co.uk/uber-faces-uk- ... ts-1513218

I think this case could be another one to bite those that instigated it in the ass, kinda like the dereg bill did

I think this issue needs to be looked into.

However I'm not sure the Uber model is the one to attack.

In London PH drivers run Uber and other Apps at the same, so Uber don't account for all their work.

CC contact that law firm and state its not just uber , that virtually every PH company in the UK does the same

Indeed, the other big PH firms should be looked at - the ones where you have to do shifts of a fixed amount of hours, you can't turn down/refuse a booking, you have to use their car, etc.

Uber on the other hand is completely flexible, log on and off as and when you please, working around other commitments, you don't have to accept every job, and you use your own tools for the job (you supply the car).

These are the reasons why drivers join Uber.

If you still want to drive, and have your holiday, sick pay, pension, 15 min tea breaks, etc, then join a supermarket delivery company (example taken from another forum).

just checked my emails and found this in my inbox asking did i want to drive for uber...can you work for a taxi firm and also for uber,,,any idea how it works....the meeting is about 1 mile fro Deltas base...wonder if the are targeting delta drivers...no idea how they got my emai but may go along for a nose to see what all the fuss is about

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The joy of self employment, you can work for whomever and as many of them whomevers you please

and they're all c*nts

"Uber not only pays the drivers but it also effectively controls how much passengers are charged and requires drivers to follow particular routes."

The joy of self employment, you can work for whomever and as many of them whomevers you please