Quote:
The second article was from a rep of the GMB.
https://content.yudu.com/web/43sy4/0A43 ... gin=reader
In the article the GMB rep describes a firm that he believes isn't affected by the findings in the judgement.
He describes a firm that is owned by a significant number of owner drivers, a mixed fleet non profit making firm and a firm that doesn't take a commision on app/account work. He believes that the judgement hasn't changed anything for drivers working with firms as described.
Let's look at the Justices reasons for classing Uber drivers as workers.
1. Control over fares/prices.
2. Control over contracts, written or unwritten.
3. Control over ability to accept or reject any job, and receiving full job details at the time of job offer. Is the driver in a position of subordination to the operator. What happens to a driver who continually cherry picks radio work?
4. Control over the way drivers deliver the service. What happens if a driver goes a different way than the datahead might suggest? Are drivers given a star rating?
5. Control over customer information. Are drivers given contact details of the customer? What happens if the driver says to a customer here's my mobile don't bother ringing the firm next time?
Let's put those reasons, and remember these are just the significant ones the Justices picked out of the larger number of reasons that the Employment Tribunal mentioned, against the firm that the GMB rep described.
1. Whilst any local hackney fares are controlled by council, out of town hackney fares and all PH fares are controlled by the firm.
Is that any different from Uber?2. It's fair to assume that the owners of the firm do have a say over the contracts and working agreements of the company, but that doesn't apply to the owner drivers and journeymen on the firm that aren't full members.
Are they any different than Uber drivers in this regard?3. Does that firm allow drivers to cherry pick radio work? Should an account/app customer complain about an overcharge does the firm pay the money back and reclaim from the driver, or does the firm tell the customer to take it up with the driver?
If they take action against cherry picking drivers and repay account/app customers direct, and reclaim any money from drivers, then they are acting exactly the same way as Uber act.4. Does the firm allow drivers to take whatever route they choose? Is the data despatch system owned by the firm, and who bears the financial loss if a driver doesn't follow a route suggested on the data head? Does the firm have a star ratings system inbuilt into the data despatch system?
If the firm doesn't allow drivers to deviate from a route without the threat of financial penalty, and the firm has a star rating system, then they are acting in the same way as Uber.5. Does the firm allow drivers to have the full details of customers, especially app/account customers? Do drivers get to see the invoices to those customers for the app/account work they have undertaken? Does the firm allow drivers to offer their services to those customers privately, bypassing the firm?
If the drivers don't see the invoices or are forbidden to contact the firm's customers independently, then they are acting in the same way as Uber.
And by acting they same way as Uber they are acting outside of employment law.
However please please don't take my unprofessional view on this, take the view of the many employment professional/lawyers who have spent the last month dissecting the judgement. They can be found via google.