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PostPosted: Wed Nov 29, 2017 7:53 pm 
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The ECJ found in favour of a self employed window salesman claiming 13 years holiday payment entitlement.

This has definitely has put a spanner in the works of Ubers appeal against the Employment Tribunal decision that the drivers are employees.
One has to be of the opinion Uber will be told to get on their bike.
This will probably affect every P/H Operator who due to this decision have to pay holiday pay and back date it.


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PostPosted: Wed Nov 29, 2017 8:24 pm 
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Remind me what ECJ stands for?


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PostPosted: Wed Nov 29, 2017 9:45 pm 
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rayggb wrote:
Remind me what ECJ stands for?

European Court of Justice.

Basically the appeal court over here will rubber stamp that decision.

Massive implications for all so-called self employed.

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PostPosted: Thu Nov 30, 2017 9:12 pm 
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Location: Stamford Britains prettiest town till SKDC ruined it
I would want to see what the set up for this was it a commission only pay deal ? but the sales staff were otherwise working exclusively for that business

If Ph and cabbies are going to be forced to become "employed" I wonder if the loss of freedoms that will result have sunk in such as

1) Not being allowed to take holiday when it suits
2) having to work the shifts allocated to them not picking what suits them
3) Not being allowed to do personal mileage if they rent a car having to leave it at the office and commute home
4) not being allowed to reject jobs
5) having to wear company uniforms
6) Not being allowed to earn extra money by doing extra hours (employed =working time directive will apply I think)

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lack of modern legislation is the iceberg sinking the titanic of the transport sector


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PostPosted: Thu Nov 30, 2017 11:01 pm 
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edders23 wrote:
I would want to see what the set up for this was it a commission only pay deal ? but the sales staff were otherwise working exclusively for that business

If Ph and cabbies are going to be forced to become "employed" I wonder if the loss of freedoms that will result have sunk in such as

1) Not being allowed to take holiday when it suits
2) having to work the shifts allocated to them not picking what suits them
3) Not being allowed to do personal mileage if they rent a car having to leave it at the office and commute home
4) not being allowed to reject jobs
5) having to wear company uniforms
6) Not being allowed to earn extra money by doing extra hours (employed =working time directive will apply I think)

Why would they be lost?

The Taylor Report suggested a new level of worker status 'Dependent Contractor'. That, in my view, would cover the vast majority of taxi/PH drivers.

Dependent Contractors would be doing exactly what they are doing now, but have the safe guards of workers rights.

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PostPosted: Fri Dec 01, 2017 1:02 am 
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Posts: 2553
edders23 wrote:
I would want to see what the set up for this was it a commission only pay deal ? but the sales staff were otherwise working exclusively for that business

If Ph and cabbies are going to be forced to become "employed" I wonder if the loss of freedoms that will result have sunk in such as

1) Not being allowed to take holiday when it suits
2) having to work the shifts allocated to them not picking what suits them
3) Not being allowed to do personal mileage if they rent a car having to leave it at the office and commute home
4) not being allowed to reject jobs
5) having to wear company uniforms
6) Not being allowed to earn extra money by doing extra hours (employed =working time directive will apply I think)



4 and 5,the bulk of private hire operators and some TAXI offices insist that these two points are adhered too.
6. you are allowed to opt out of the working time directive.


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