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Uber loses appeal in UK employment rights case Uber loses appeal in UK employment rights case
(about 2 hours later)
The ride-hailing firm Uber has lost an appeal against a ruling that its drivers be classed as workers with minimum-wage rights rather than as self-employed.The ride-hailing firm Uber has lost an appeal against a ruling that its drivers be classed as workers with minimum-wage rights rather than as self-employed.
The landmark Employment Appeal Tribunal (EAT) ruling could have major ramifications for labour rights in Britain’s growing gig economy. The US company said it would launch a further appeal against the EAT decision. The landmark Employment Appeal Tribunal (EAT) ruling could have major ramifications for labour rights in Britain’s growing gig economy. The US company said it would launch a further appeal against the EAT decision, meaning the case could end up in the supreme court next year.
Drivers James Farrar and Yaseen Aslam, backed by the GMB union, won an employment tribunal case last year after arguing they should be classified as workers with rights such as minimum wage and holiday pay, rather than self-employed as Uber claimed. Drivers James Farrar and Yaseen Aslam won an employment tribunal case last year after arguing they should be classified as workers with rights such as minimum wage and holiday pay, rather than self-employed as Uber claimed.
Uber challenged the ruling at the EAT in central London, saying it could deprive drivers of the “personal flexibility they value”.Uber challenged the ruling at the EAT in central London, saying it could deprive drivers of the “personal flexibility they value”.
The Independent Workers’ Union of Great Britain (IWGB), which backed the drivers during the appeal, said the decision showed that firms were choosing to deprive workers of their rights.The Independent Workers’ Union of Great Britain (IWGB), which backed the drivers during the appeal, said the decision showed that firms were choosing to deprive workers of their rights.
Aslam said: “I have been campaigning against Uber since 2014 and, although I always knew I was on the right side, it has always been a struggle that has brought enormous pressure on us.
“I am glad that the judge today confirmed what I and thousands of drivers have known all along: that Uber is not only exploiting drivers, but also acting unlawfully.”
Farrar said: “Uber cannot go on flouting UK law with impunity and depriving people of their minimum-wage rights. We have done everything we can, now it is time for the mayor of London, Transport for London and the transport secretary to step up and use their leverage to defend worker rights rather than turn a blind eye to sweatshop conditions.”Farrar said: “Uber cannot go on flouting UK law with impunity and depriving people of their minimum-wage rights. We have done everything we can, now it is time for the mayor of London, Transport for London and the transport secretary to step up and use their leverage to defend worker rights rather than turn a blind eye to sweatshop conditions.”
The IWGB general secretary, Jason Moyer-Lee, said: “Today’s victory is further proof, as if any more was needed, that the law is clear and these companies are simply choosing to deprive workers of their rights. These companies are making a mockery of supposed employment rights. Farrar said he was willing to fight the case all the way to the supreme court if necessary.
“If Uber are successful in having in having this business model, obliterating industrial relations as we know them in the UK, then I can guarantee you on every high street, in retail, fast food, any industry you like, the same thing will go on.”
Aslam said: “Today is a good day for workers, we made history. The judge confirmed that Uber is unlawfully denying our rights.
People see it [Uber] is cheap and think it’s good but we’re not tubes and buses. The average driver has to work 30 hours a week to offset their costs.”
The IWGB general secretary, Jason Moyer-Lee, said companies that rely on self-employment status were “making a mockery of supposed employment rights”.
“The government needs to properly enforce the law and they need to do it now.”“The government needs to properly enforce the law and they need to do it now.”
Frances O’Grady, the TUC general secretary, said: “Uber should throw in the towel and accept today’s judgment. No company, however big or well-connected, is above the law. Uber must play by the rules and stop denying its drivers basic rights at work.Frances O’Grady, the TUC general secretary, said: “Uber should throw in the towel and accept today’s judgment. No company, however big or well-connected, is above the law. Uber must play by the rules and stop denying its drivers basic rights at work.
“This ruling should put gig economy employers on notice. Unions will expose nasty schemes that try and cheat workers out of the minimum wage and holiday pay. Sham self-employment exploits people and scams the taxman.”“This ruling should put gig economy employers on notice. Unions will expose nasty schemes that try and cheat workers out of the minimum wage and holiday pay. Sham self-employment exploits people and scams the taxman.”
Tom Elvidge, Uber UK’s acting general manager, said: “Almost all taxi and private hire drivers have been self-employed for decades, long before our app existed.Tom Elvidge, Uber UK’s acting general manager, said: “Almost all taxi and private hire drivers have been self-employed for decades, long before our app existed.
“The tribunal relies on the assertion that drivers are required to take 80% of trips sent to them when logged into the app. As drivers who use Uber know, this has never been the case in the UK.“The tribunal relies on the assertion that drivers are required to take 80% of trips sent to them when logged into the app. As drivers who use Uber know, this has never been the case in the UK.
“Over the last year we have made a number of changes to our app to give drivers even more control. We’ve also invested in things like access to illness and injury cover and we’ll keep introducing changes to make driving with Uber even better.”“Over the last year we have made a number of changes to our app to give drivers even more control. We’ve also invested in things like access to illness and injury cover and we’ll keep introducing changes to make driving with Uber even better.”
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