Sussex wrote:
I do sense they had issues with the final part of the judgement, the bit concerning when a driver can claim for the minimum wage i.e. when exactly are drivers working for the operator. If they also do work for other operators.
I think you're right - a 'question of fact and degree' is just legal-speak for judging each case on its merits, or treating each scenario on its individual facts, or whatever. You could call it a cop-out by the courts, or that it's reasonable for them to leave individual cases to individual circumstances.
But not sure I really understand this from Judge Eady QC in the Employment Tribunal, which the Supreme Court agreed with:
Judge Eady QC wrote:
“If the reality is that Uber’s market share in London is such that its drivers are, in practical terms, unable to hold themselves out as available to any other PHV operator, then, as a matter of fact, [when they have the Uber app switched on] they are working at [Uber London’s] disposal as part of the pool of drivers it requires to be available within the territory at any one time. … if, however, it is genuinely the case that drivers are able to also hold themselves out as at the disposal of other PHV operators when waiting for a trip, the same analysis would not apply"
Not sure if the stuff about 'market share' and the like is really relevant, and just confuses things.
I think all she's actually saying is that if a driver is using Uber exclusively then that's different to if a driver is using Uber and other apps, or working for other firms. But the courts haven't said *how* it would differ, just that it *would* be different, but how it would be different would depend on each individual case.
Which of course in turn is why it's all potentially so messy, particularly when you consider the trade as a whole, and the thousands of different firms
On the other hand, I don't necessarily think all the thousands of firms are as different as the court may think they are, but of course that's not how the legal system works, and for individual drivers it would entail making a claim and the individual firm being assessed. Which, of course, won't automatically happen, which is why the jury's out on whether and to what extent it will impact the wider trade.
Which in turn also relates to Grandad's point and individual drivers and individual firms. Drivers may work for and claim from apps or firms they think are the best bet, depending on the circumstances.
On the other hand, and at the other extreme, drivers are unlikely to claim if they think they're risking a kneecapping