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PostPosted: Fri Jan 06, 2017 8:36 pm 
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Bike courier wins 'gig' economy employment rights case

A bicycle courier has won an employment rights case in a ruling which could have major implications for the "gig economy".

A tribunal found that Maggie Dewhurst, a courier with logistics firm City Sprint, should be classed as a worker rather than self-employed.

As a worker, she would be entitled to basic rights including holiday and sick pay and the national living wage.

City Sprint said it was "disappointed" and will review the ruling "in detail".

While Friday's ruling will only apply to Ms Dewhurst, it highlights the working practices of the so-called "gig economy", where people are employed on a job-by-job basis.

It is the first of four legal challenges being taken against courier companies.

The case follows a similar ruling against the taxi-hailing service Uber in October last year, which found that drivers should be classed as workers rather than self-employed. Uber intends to appeal.

City Sprint said: "This case has demonstrated that there is still widespread confusion regarding this area of law, which is why we are calling on the government to provide better support and help for businesses across the UK who could be similarly affected."

'Similar claims'

Ms Dewhurst, who is based in London, said: "I'm delighted that the tribunal ruled in our favour as it has set a legal and moral precedent which others can use to make similar claims."

Ms Dewhurst has been with City Sprint for the past two years, during which time the company classed her as an "independent contractor", or self-employed.

However, she claimed her role was more like that of a worker. "We spend all day being told what to do, when to do it and how to do it. We're under their control. We're not a mosaic of small businesses and that's why we deserve basic employment rights like the national minimum wage," she said.

The tribunal ruling released on Friday stated that "the claimant was a worker of the respondent [City Sprint] and... it unlawfully failed to pay her for two days' holiday".

According to Ms Dewhurst's lawyers, the judge described City Sprint's contractual arrangements as "contorted", "indecipherable" and "window-dressing".

City Sprint said it enjoyed "a good relationship with our fleet" and said that evidence given at the tribunal highlighted that it is "a good company that pays its couriers some of the best rates in the industry".

http://www.bbc.co.uk/news/business-3853 ... ow_twitter

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PostPosted: Fri Jan 06, 2017 9:06 pm 
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The noose is tightening on the spivs scam.

Delighted for the bike lady, and for all of us that may benefit from the work these people and the GMB are doing.

I might have even considered rejoining the GMB if the local branch weren't run by a bunch of f***wits.

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PostPosted: Fri Jan 06, 2017 9:09 pm 
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Sussex wrote:

I might have even considered rejoining the GMB if the local branch weren't run by a bunch of f***wits.


they're all f*ckwits mate - except me :lol:

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PostPosted: Fri Jan 06, 2017 9:22 pm 
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well if previous form anything to go by then an appeal is looming but the real implications might be if business models have to change to fully employing drivers,riders etc what it will do for prices or will business models change to push all their operatives into a new version of self employment in order to keep prices down

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PostPosted: Fri Jan 06, 2017 10:08 pm 
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captain cab wrote:
Sussex wrote:

I might have even considered rejoining the GMB if the local branch weren't run by a bunch of f***wits.


they're all f*ckwits mate - except me :lol:

Are you in the GMB then CC?

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PostPosted: Fri Jan 06, 2017 11:21 pm 
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Sussex wrote:
The noose is tightening on the spivs scam.

Delighted for the bike lady, and for all of us that may benefit from the work these people and the GMB are doing.

I might have even considered rejoining the GMB if the local branch weren't run by a bunch of f***wits.


The GMB lawyers fooked up an identical case against this company 10 years ago the lawyers were sued and the Courier got £6000 no other courier was prepared to front up a case against them or Hermes despite very considerable efforts by a certain Branch secretary #-o #-o

Well done this person on this occassion =D> =D>

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PostPosted: Fri Jan 06, 2017 11:26 pm 
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Sussex wrote:
The noose is tightening on the spivs scam.

Delighted for the bike lady, and for all of us they may benefit from the work these people and the GMB are doing.

I might have even considered rejoining the GMB if the local branch weren't run by a bunch of f***wits.


Nothing stopping you and yer big gob standing for office mush ..................or do you lack the ability or courage .easiest thing in the world criticise without being willing to do better yourself #-o #-o



Mind your correct about the present admin of the GMBPDB in Brighton i am reliably informed :wink: to$$ers evidently =D> =D> =D>

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PostPosted: Fri Jan 06, 2017 11:27 pm 
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Chris the Fish wrote:
captain cab wrote:
Sussex wrote:

I might have even considered rejoining the GMB if the local branch weren't run by a bunch of f***wits.


they're all f*ckwits mate - except me :lol:

Are you in the GMB then CC?



he wont answer but i know :wink: :wink:

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PostPosted: Fri Jan 06, 2017 11:30 pm 
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trotskys twin wrote:
he wont answer but i know :wink: :wink:

He won't answer because he won't talk to me.

I don't actually care what the answer is to the question I posed.

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PostPosted: Fri Jan 06, 2017 11:30 pm 
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why would I join the gmb, I don't make boilers ffs

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PostPosted: Sat Jan 07, 2017 4:21 pm 
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Chris the Fish wrote:
trotskys twin wrote:
he wont answer but i know :wink: :wink:

He won't answer because he won't talk to me.

I don't actually care what the answer is to the question I posed.


why ask then :?:

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PostPosted: Sat Jan 07, 2017 4:21 pm 
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captain cab wrote:
why would I join the gmb, I don't make boilers ffs



:-" :-" :-" :-" :-" :-" :-" :-" :-"

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PostPosted: Sat Jan 07, 2017 6:46 pm 
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Sussex wrote:
The noose is tightening on the spivs scam.

Delighted for the bike lady, and for all of us they may benefit from the work these people and the GMB are doing.

I might have even considered rejoining the GMB if the local branch weren't run by a bunch of f***wits.



:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:


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PostPosted: Sat Jan 07, 2017 7:53 pm 
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trotskys twin wrote:
Nothing stopping you and yer big gob standing for office mush ..................or do you lack the ability or courage .easiest thing in the world criticise without being willing to do better yourself #-o #-o

I would sooner eat sh** pie every day of the week than join up with that mob down here.

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PostPosted: Sat Jan 07, 2017 8:18 pm 
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It's strange how everybody thinks it's a new way of working and suddenly needs fixing. It'd been going on for decades before the 'gig' gang joined in

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PostPosted: Sun Jan 08, 2017 8:03 pm 
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toots wrote:
It's strange how everybody thinks it's a new way of working and suddenly needs fixing. It'd been going on for decades before the 'gig' gang joined in

It's not a case of fixing, akin to something that isn't broke, and no one I hear or see is saying self-employment should no longer be possible. What is being addressed is the responsibilities that organisations have who supply significant, if not all, employment opportunities to those self-employed people.

Why should they not have requirements that protect and support those that carry out their work, in the same way as those businesses who employ people do?

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PostPosted: Sun Jan 08, 2017 8:11 pm 
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Sussex wrote:
toots wrote:
It's strange how everybody thinks it's a new way of working and suddenly needs fixing. It'd been going on for decades before the 'gig' gang joined in

It's not a case of fixing, akin to something that isn't broke, and no one I hear or see is saying self-employment should no longer be possible. What is being addressed is the responsibilities that organisations have who supply significant, if not all, employment opportunities to those self-employed people.

Why should they not have requirements that protect and support those that carry out their work, in the same way as those businesses who employ people do?



the nature of self employment means you only receive money from the business/organisation that pays you everything else is YOUR OWN responsibility but the problem with the likes of Uber,Hermes Al etc. is that they forget that they do not have the right to CONTROL the self employed. What is needed is good swift kick up the jaxi for these businesses and make them FULLY AWARE that self employed people need holidays,breaks from work etc some times and should have the right to take work from where ever it is offered not Exclusively from them. Or if they want to be controlling and exclusive employ the staff directly

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PostPosted: Sun Jan 08, 2017 8:20 pm 
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edders23 wrote:
the nature of self employment means you only receive money from the business/organisation that pays you everything else is YOUR OWN responsibility but the problem with the likes of Uber,Hermes Al etc. is that they forget that they do not have the right to CONTROL the self employed. What is needed is good swift kick up the jaxi for these businesses and make them FULLY AWARE that self employed people need holidays,breaks from work etc some times and should have the right to take work from where ever it is offered not Exclusively from them. Or if they want to be controlling and exclusive employ the staff directly

If the above was true, then both Uber and City Sprint would have won their cases.

When I read the Uber Tribunal decision I was sort of blown away by how much responsibility an organisation has to someone who does work for them. It seems quite clear that there is little difference between someone who does work for someone (self-employed) and someone who works for someone (employed). Both are entitled to working benefits, be that sick or holiday pay, or other work type benefits.

If a driver chooses to work in the way most of us do, a pseudo self-employed, then there is nothing stopping that happening, just that in future we will have a few more protections.

That might cause a few bosses a few headaches, but as the Tribunal judge stated, without drivers there isn't a firm.

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PostPosted: Sun Jan 08, 2017 9:13 pm 
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Sussex wrote:
toots wrote:
It's strange how everybody thinks it's a new way of working and suddenly needs fixing. It'd been going on for decades before the 'gig' gang joined in

It's not a case of fixing, akin to something that isn't broke, and no one I hear or see is saying self-employment should no longer be possible. What is being addressed is the responsibilities that organisations have who supply significant, if not all, employment opportunities to those self-employed people.

Why should they not have requirements that protect and support those that carry out their work, in the same way as those businesses who employ people do?


I clearly didn't make myself clear. My point is there is nothing new about this but it's strange that now there are 'gig' guys doing it there needs to be responsibilities from these organisations as you call them. I call them private hire operators and don't really see much difference. I get that this case isn't specifically taxi related, but, it is hot on the heels of the Uber case.

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PostPosted: Mon Jan 09, 2017 8:50 am 
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What is new is the way the likes of Uber and City Sprint are trying to bypasss their responsibilities and legal requirements.

It's as clear as night follows day that Uber have no chance of repaying their investors if they have the same outgoings and responsibilities as normal organisations.

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