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You can find the current article at its original source at https://www.theguardian.com/technology/2018/oct/30/uber-challenges-ruling-on-drivers-rights-at-court-of-appeal-london
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| Uber challenges ruling on drivers' rights at court of appeal | Uber challenges ruling on drivers' rights at court of appeal |
| (about 1 hour later) | |
| Uber has launched a court challenge against a landmark legal ruling that set a precedent for millions of gig economy workers. | Uber has launched a court challenge against a landmark legal ruling that set a precedent for millions of gig economy workers. |
| Hundreds of people rallied outside the court of appeal in central London, in what was billed as Britain’s biggest march to date by precarious workers, as the taxi-hailing app argued an employment tribunal ruling that Uber drivers were workers ignored the fact that the relationship between the company and its drivers was “typical of the private hire industry”. | Hundreds of people rallied outside the court of appeal in central London, in what was billed as Britain’s biggest march to date by precarious workers, as the taxi-hailing app argued an employment tribunal ruling that Uber drivers were workers ignored the fact that the relationship between the company and its drivers was “typical of the private hire industry”. |
| Dinah Rose QC, for Uber, told the court the “agency model” – with Uber acting as an agent between drivers and passengers – had been used in the private hire industry for many years. | Dinah Rose QC, for Uber, told the court the “agency model” – with Uber acting as an agent between drivers and passengers – had been used in the private hire industry for many years. |
| It was not “unusual” because of the relationship between the company and its drivers, “but because the Uber app enables it to operate on a much larger scale than traditional minicab companies”. | It was not “unusual” because of the relationship between the company and its drivers, “but because the Uber app enables it to operate on a much larger scale than traditional minicab companies”. |
| Among those in the packed courtroom were the drivers James Farrar and Yaseen Aslam, who won an employment tribunal in 2016 after arguing they should be classified as workers, citing Uber’s control over their working conditions. | Among those in the packed courtroom were the drivers James Farrar and Yaseen Aslam, who won an employment tribunal in 2016 after arguing they should be classified as workers, citing Uber’s control over their working conditions. |
| The company subsequently mounted an appeal at the tribunal level, warning the decision could deprive drivers of the “personal flexibility they value”, but last November, it failed to overturn the ruling that they should be classed as workers with the right to the minimum wage. | The company subsequently mounted an appeal at the tribunal level, warning the decision could deprive drivers of the “personal flexibility they value”, but last November, it failed to overturn the ruling that they should be classed as workers with the right to the minimum wage. |
| The court of appeal was told by Uber’s counsel how the internet had revolutionised many traditional businesses in a number of ways, including by allowing existing entities to operate with vastly expanded scope. | The court of appeal was told by Uber’s counsel how the internet had revolutionised many traditional businesses in a number of ways, including by allowing existing entities to operate with vastly expanded scope. |
| Rose said Uber was special because its software allowed for the tracking of the location of a passenger and a driver who had its app switched on, describing this as a “critical innovation”. | Rose said Uber was special because its software allowed for the tracking of the location of a passenger and a driver who had its app switched on, describing this as a “critical innovation”. |
| However, she argued the nature of its business was no different to that of other private hire companies that make money from the commission paid by drivers on fares. | However, she argued the nature of its business was no different to that of other private hire companies that make money from the commission paid by drivers on fares. |
| “Uber’s app is its asset and it is an enormously valuable piece of software,” she told the three judges in a submission that, at one point, compared Uber drivers to barristers and the company to clerks. | “Uber’s app is its asset and it is an enormously valuable piece of software,” she told the three judges in a submission that, at one point, compared Uber drivers to barristers and the company to clerks. |
| Uber had a “powerful commercial interest” when it granted licences to people to use its app and in the setting of conditions on the app’s use, Rose added. | Uber had a “powerful commercial interest” when it granted licences to people to use its app and in the setting of conditions on the app’s use, Rose added. |
| There was “nothing strange or unusual or morally unconscionable” in a company that owned very valuable assets seeking to use it in that way, she said. | There was “nothing strange or unusual or morally unconscionable” in a company that owned very valuable assets seeking to use it in that way, she said. |
| Jason Galbraith-Marten QC, for Aslam and Farrar, said there was “no express agreement” by which the claimants appointed Uber “to act as their agent and setting out the nature and extent of that agency”. | Jason Galbraith-Marten QC, for Aslam and Farrar, said there was “no express agreement” by which the claimants appointed Uber “to act as their agent and setting out the nature and extent of that agency”. |
| The tribunals’ task was therefore to “determine the true nature of the (implied) agreement” between drivers and Uber, he added. | The tribunals’ task was therefore to “determine the true nature of the (implied) agreement” between drivers and Uber, he added. |
| Galbraith-Marten said the tribunals were “entitled to ask whether the claimants are genuinely in business on their own account” or whether they were “providing their services” to Uber. | Galbraith-Marten said the tribunals were “entitled to ask whether the claimants are genuinely in business on their own account” or whether they were “providing their services” to Uber. |
| If Uber is not acting as the drivers’ agent, “the purported driver-passenger contract is indeed a fiction”, he added. | If Uber is not acting as the drivers’ agent, “the purported driver-passenger contract is indeed a fiction”, he added. |
| Earlier on Tuesday, a demonstration organised in support of Aslam and Farrar was told by Frank Field, the chairman of the work and pensions select committee, that Uber was “rich enough to put themselves above the law”. | Earlier on Tuesday, a demonstration organised in support of Aslam and Farrar was told by Frank Field, the chairman of the work and pensions select committee, that Uber was “rich enough to put themselves above the law”. |
| Those who were described as precarious workers had “clearly had enough”, he told the protest, which was organised by the Independent Workers Union of Great Britain (IWGB) and brought together Uber drivers, fast-food workers, Deliveroo couriers, outsourced cleaners and others. | Those who were described as precarious workers had “clearly had enough”, he told the protest, which was organised by the Independent Workers Union of Great Britain (IWGB) and brought together Uber drivers, fast-food workers, Deliveroo couriers, outsourced cleaners and others. |
| Field said the Uber drivers “began this three years ago and the boss class are stretching it out with appeals”. | Field said the Uber drivers “began this three years ago and the boss class are stretching it out with appeals”. |
| He said he was calling for licensing authorities to follow New York City’s lead by requiring companies such as Uber to introduce adequate pay and conditions for all drivers. | He said he was calling for licensing authorities to follow New York City’s lead by requiring companies such as Uber to introduce adequate pay and conditions for all drivers. |
| “The law does not prevent them from doing so. Justice demands swift action,” Field added. | “The law does not prevent them from doing so. Justice demands swift action,” Field added. |
| An Uber spokesman said almost all taxi and private hire drivers have been self-employed for decades and a recent Oxford University study found drivers on average make more than the London living wage of £10.20 per hour and want to keep the freedom to choose if, when and where they drive. | |
| “If drivers were classed as workers, they would inevitably lose some of the freedom and flexibility that comes with being their own boss,” the spokesman said. | “If drivers were classed as workers, they would inevitably lose some of the freedom and flexibility that comes with being their own boss,” the spokesman said. |
| “We believe the employment appeal tribunal last year fundamentally misunderstood how we operate. For example, they relied on the assertion that drivers are required to take 80% of trips sent to them when logged into the app, which has never been the case in the UK.” | “We believe the employment appeal tribunal last year fundamentally misunderstood how we operate. For example, they relied on the assertion that drivers are required to take 80% of trips sent to them when logged into the app, which has never been the case in the UK.” |
| The case continues. | The case continues. |
| Uber | Uber |
| Court of appeal | Court of appeal |
| Gig economy | Gig economy |
| Employment law | Employment law |
| Trade unions | Trade unions |
| Work & careers | Work & careers |
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