Taxi Driver Online

Read sections 87 to 97, and you will see Uber will need more than a couple of changes.

IMO if Uber don't win any appeal(s) then that's the end of them in the UK and the EU.

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IDFIMH

I would advise all of you to read Maria Ludkin the GMB's national legal officers comments on this the most relevant word is WORKER.

Might assist you loons barking up wrong TREE

THE orgs listed above were invited to assist and join in cases against firms company's exploiting WORKERS by the GMB rep some years ago they declined that includes the NTA!

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Wrong a Corbyn government will wipe out all legislation used to exploit and cheat WORKERS

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This post came from Gordon's Legal Partnership who email me an update every week:
The Uber Tribunal Judgment
The long-awaited Uber tribunal judgement has finally been handed down classifying Uber drivers as workers rather than self-employed individuals. The ruling will potentially have far-reaching implications for Uber and the ‘gig economy’ as a whole.
The judgement, for the most part, is an interesting read – particularly from paragraph 85 onwards – with the tribunal considering the intricacies of Uber’s technical operations and how they impact on the way in which the drivers undertake their work. The tribunal was presented with numerous pieces of evidence by the Claimants’ QC showing the extent of the control that Uber exercises over drivers when they log on to the app. For example; forcibly logging drivers off if they refuse to accept consecutive jobs; applying continuation standards based on ratings and car worthiness and; the creation of invoices between driver and passenger that neither party ever receive.
It becomes apparent that Uber have attempted to argue themselves as a technology company to avoid accepting the reality that they actually provide transportation services. The UK tribunal borrowed the following explanation from another Uber case in the United States:
‘Uber does not simply sell software; it sells rides. Uber is no more a “technology company” than Yellow Cab is a “technology company” because it uses CB radios to dispatch taxi cabs.’
It is this contradiction of Uber’s defence to the practical reality of its operations that the employment tribunal’s criticisms firmly centre on: ‘The notion that Uber in London [the distinct area where the Claimants brought their claim] is a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous’. Consequently, the tribunal allowed the Claimants’ arguments to succeed.
In doing so, the classification of ‘worker’ rather than ‘self-employed’ will entitle the claimants to the national minimum wage (NMW), holiday pay, sick pay, rest breaks and protection from unlawful deduction of wages amongst other benefits. It is also likely that there will be pension issues. However, workers are not entitled to protections such as unfair dismissal and redundancy pay.
The potential costs to Uber of implementing these changes and pay protections to all drivers could result in crippling the innovation and success of the company. Many Uber employees are happy with the status quo and enjoy the flexibility and freedom that the work offers. Adding in holiday pay, sick pay and NMW could limit Uber’s competitive pricing edge and provide less work for drivers. However, shadow business minister Jack Dromey has commented that “Uber are going to have to fundamentally rethink how they operate in this country.”
With so much at stake, Uber have emailed all individuals who drive for them notifying them of their intention to appeal the case. Whatever the outcome of that appeal, the losing side will undoubtedly appeal the case up and up through the courts until it likely ends up at the Supreme Court.

Comment: As mentioned in previous updates, the government has instructed Matthew Taylor to conduct an independent review into modern working practices which will coincidentally run concurrent with Uber’s appeals up the court chain. A clear cut idea of what this case really means for new types of ‘self-employment’ won’t become apparent for at least a couple of years.

Please give details of when,where and name of person (GMB) who invited the NTA ?

No problem it would be about 6 or 7 years ago in the offices of the NPHA in Bury Lancashire where delegates from the GMB UNITE NTA LPHCA NPHA met to discuss a multitude of issues and ways we could work jointly to improve the industry.

We were discussing BOGUS self employment when the Late Don Glave Branch President GMBPDB made the suggestion that we ALL JOINTLY fund actions against company's using BOGUS self employment practices, naturally the LPHCA and the NPHA saw that as threat to clobber THEIR members who gleefully exploit workers through BSE AS , IT WAS OF COURSE nothing like a bit of divide and rule Don had of course been briefed on that stunt prior to the meeting and was delighted to carry it out!!

The NTA at that time i believe were not active within the PH industry and declined to be involved UNITE like wise.

The current UBER case is merely utilising legislation that has long been available what the GMB have done is find members Drivers prepared to FRONT up such actions well done them for doing that AND FOR MEETING THE VERY CONSIDERABLE LEGAL COSTS IN DOING SO Which no other organisation was prepared to do

Interestingly the GMB had a large company at the doors of an employment tribunal after that on precisely this issue against a very large London Company the member driver was approached in THE building prior to the hearing and offerd a VERY large sum of money to withdraw from the case given he signed a confidentially agreement, which he did and walked away with BUNDLES of ££££££££££! So that fooked that up

So Heathcote are you an NTA member and why do you need this information

My experience with the NTA is that they are decent people excellent at identifying breaches of regulations and publicising them HOWEVER to my knowledge they NEVER suggest initiate or promote ANY actions WHATSOEVER either political industrial or legal to defeat the BREACHES they identify

i HAVE NO IDEA WHY

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All posts by this contributor are made in a strictly personal capacity

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Yes I am,the reason I asked the question is so I can investigate why I was not made aware of the matter.

Lets get it straight NO formal written offer/ request was made the offer was purely VERBAL during the course of a meeting and of course sincere the response was as expected

surely you would be of more effective within a Trade Union bearing in mind your previous experiences ??

To my mind the NTA are merely REACTIONARY never PROACTIVE

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All posts by this contributor are made in a strictly personal capacity

I AM PROUD TO BE A CITIZEN NOBODY'S SUBJECT http://www.republic.org.u

F88K EM ALL WHAT GOES AROUND COMES AROUND

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I along with some others try to re-educate members of the NTA but some just spit their dummy out.

I am still a member of the NUM albeit thro the Durham Miners Trust.

Seen first hand how some of the other unions conduct meetings and they are not at 1st base compared to the NUM.

NTA spit their dummy out oh yes and some

i am sure your frustrated by other Unions i was appalled at the procedures within the GMB still am to be truthful especially coming from the Pre Entry Closed Shop, but its about NOW and how to deal with current issues the NTA will never ever promote ANY industrial action EVER their grovellers unfortunately as you have discoverd thats not to say there is not some excellent characters in it one of whom sticks his oar in on here BUT NEVER ADVOCATES ACTIONS very frustrating to me

_________________
All posts by this contributor are made in a strictly personal capacity

I AM PROUD TO BE A CITIZEN NOBODY'S SUBJECT http://www.republic.org.u

F88K EM ALL WHAT GOES AROUND COMES AROUND

BOOZE BOOZE BOOZE

There are a lot of ex union members in the Taxi and private hire trade who also spat their dummy out because the unions were not seen to be doing anything.

Can you point me towards any industrial action that has been successful within the taxi industry.

And you once said court cases were a waste of time - you appear to forget the only success anyone has had in respect of the taxi trade has been via the judiciary.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

didn't the London cabbies get us the concession on wearing seatbelts through protests ?

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

No, I don't think so.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

and the next case follows albeit bot taxi drivers

A group of food takeaway couriers working for Deliveroo are taking legal steps in the UK to gain union recognition and workers' rights.
It comes after two drivers for Uber won a tribunal case in which they argued they were workers not contractors.
If the couriers win, it could encourage thousands of those working in the so-called gig economy to seek to unionise and receive rights such as paid leave.
Deliveroo said it was committed to providing "great opportunities".
The company, which provides a delivery service on behalf of thousands of restaurants across the country, classes its riders as self-employed "independent contractors". This means they have no workers' rights such as paid holiday and the right to the minimum wage.
Billy Shannon, a rider who works for Deliveroo in Camden, north London, said riders receive £3.75 per delivery.
He added: "We don't get an hourly fee, so that means at times when there aren't that many deliveries and it is not that busy, we can be waiting for up to an hour for a delivery without getting paid a penny."
The BBC has seen a letter from the Independent Workers Union of Great Britain (IWGB), on behalf of riders in north London, asking Deliveroo for recognition for the union to bargain on behalf of the group.
Collective bargaining laws in the UK apply to those classed as workers and employees, but not independent contractors.
'Faintly ridiculous'
IWGB general secretary Dr Jason Moyer-Lee said it was seeking a collective bargaining agreement to allow the union to negotiate pay and terms and conditions with Deliveroo managers.
He added: "If Deliveroo ignores or rejects our request, then we will take them to tribunal and ask for a declaration that Deliveroo must engage in collective bargaining with us.
"To do this the tribunal will also have to decide that the Deliveroo drivers are workers and not independent contractors, which means they will also be entitled to paid holiday, minimum wage, and all the other rights associated with this employment status."

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