Taxi Driver Online

Uber request to take drivers' rights case directly to top UK court rejected

Uber's request to take its appeal to overturn a ruling over drivers' rights directly to the UK's highest court, skipping the Court of Appeal, has been rejected. The ride hailing company had sought to take the case straight to the Supreme Court "in order that [it] can be resolved sooner rather than later".

However, according to a union representing the drivers, Uber's application was rejected, meaning the Court of Appeal will now hear the case first. It will be the third court to hear the case, which was brought by two former drivers and began at an Employment Tribunal last year.

The drivers successfully argued that they were effectively working for Uber when the app was switched on and were unable to make themselves available to other operators, as Uber had claimed. This meant they should be classed as workers, raising the prospect that Uber may have to offer its drivers rights including holiday pay and the minimum wage.

This decision was upheld by the Employment Appeals Tribunal last month.

Union IWGB's general secretary, Jason Moyer-Lee, said: "Today's decision is another blow to Uber's legal strategy behind denying workers their rights. "The IWGB would encourage Uber yet again to stop wasting everyone's time and simply focus on providing minimum wager and holiday pay to the thousands of drivers who have been deprived of their rights for years."

However, Uber claims that enforcing the ruling would require drivers to work in shifts, depriving them of the flexibility it says they enjoy.

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IDFIMH

My my..Uber does think itself something very special.

And this from an employment lawyer who send me email updates every so often:

Uber Appeal to be Heard by Court of Appeal
In our Legal Employment Update dated 24 November 2017, we reported that Uber had appealed directly to the Supreme Court against the Employment Appeal Tribunal finding in Uber BV and Others v Aslam and Others that its drivers are workers and therefore qualify for entitlements such as the National Minimum Wage and paid annual leave.

The Supreme Court has refused Uber’s application for the appeal to ‘leapfrog’ directly to the Supreme Court and as a result the appeal will be heard by the Court of Appeal on a date to be confirmed in 2018. We will report and provide analysis on the Court of Appeal’s judgment when it is published.

Fresh supplies of popcorn have been ordered.