Regulation is not an À la Carte menu: insights from the Uber judgment – by Valerio De Stefano – UK Labour Law

‘If we had to pick one among the many enlightening statements from the UK Supreme Court’s judgment in Uber, it would be this. It perfectly captures both the gist of the case at hand and the substance of the whole global debate on platform work. From the outset, the narrative driven by platforms was based on the notion that they were something entirely new in our societies. They were introducing entirely novel work models, made possible by technology, which could not be subject to the same regulation that traditional businesses had to observe. Their business model was not compatible with existing labour protection systems, and they would be instead the best positioned to determine which kind of protection they could grant to workers (only – they would not call them “workers”, but “drivers”, “partners”, “taskers”, “riders”, etc.).’

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UK Labour Law, 2nd March 2021

Source: uklabourlawblog.com

Chelsea Brooke-Ward discusses: Uber BV and others v Aslam and Others – Park Square Barristers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark decision the Supreme Court has ruled that The Central London Employment Tribunal, and the Court of Appeal were correct to find that the Claimant Uber drivers were “workers”, rather than independent contractors. ‘Whether a contract is a ‘worker’s contract’ is a matter of statutory interpretation, not contractual interpretation. That involves taking a purposive approach which, in the employment context, is to protect those who are vulnerable as a result of their subordination to, and dependence upon, another person in relation to their work. In the case of Uber, the employment tribunal’s findings on the relative degree of control exercised by Uber and drivers respectively over the service provided to passengers justified its conclusion that the drivers were workers,’ according to the Supreme Court.’

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Park Square Barristers, 24th February 2021

Source: www.parksquarebarristers.co.uk

Uber BV v Aslam and Others – Old Square Chambers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark judgment which will have wide-ranging implications for workers and employers in the gig economy, the Supreme Court has upheld an employment tribunal’s decision that Uber drivers were workers and therefore entitled to the minimum wage, statutory annual leave and protection from detriment under the Employment Rights Act 1996.’

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Old Square Chambers, 19th February 2021

Source: oldsquare.co.uk

Uber accused of trying to deter drivers from seeking compensation – The Guardian

Posted February 23rd, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by tracey

‘Uber has been accused of trying to deter drivers from seeking compensation for missed holiday and minimum wage payments after a landmark court ruling.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures

‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’

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Litigation futures, 19th February 2021

Source: www.litigationfutures.com

Beyond regulation: controlling app-based private hire operators – 11 KBW

Posted December 7th, 2020 in chambers articles, internet, licensing, news, regulations, standards, taxis by sally

‘In former times, if you wanted to build a business empire, you needed bricks, mortar and time. It took twenty years for Marks and Spencer to move from their first covered market in Leeds to their first shop. No more. You can run the world’s largest holiday lettings company without owning a hotel, or the largest book retailer in the world without a bookshop, and you can revolutionise the global taxi industry without owning a car. And it all happens at a dizzying pace. The question arises whether these commercial leviathans can be regulated and if so how.’

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11 KBW, November 2020

Source: www.11kbw.com

Council to pursue Crown Court appeal over ruling that ex-policeman convicted of child abduction should be granted taxi licence – Local Government Lawyer

Posted September 24th, 2020 in children, kidnapping, licensing, local government, news, taxis by sally

‘Sefton Metropolitan Borough Council has lodged an appeal with Liverpool Crown Court over whether a former policeman convicted 14 years ago of abducting a 15-year-old girl should be granted a taxi driver licence.’

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Local Government Lawyer, 22nd September 2020

Source: www.localgovernmentlawyer.co.uk

Taxi drivers group eyes legal challenge over ‘Streetspace’ policy of London mayor and TfL – Local Government Lawyer

Posted August 26th, 2020 in bicycles, coronavirus, local government, London, news, road safety, roads, taxis by sally

‘The Licensed Taxi Drivers’ Association (LDTA) plans a legal challenge to London mayor Sadiq Khan and Transport for London (TfL) over their Streetspace policy.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Mayor defeats Court of Appeal challenge to removal of congestion charge exemption from minicab drivers – Local Government Lawyer

‘The Court of Appeal has found for the Mayor of London Sadiq Khan in a case brought by minicab drivers, despite judges being troubled by aspects of his actions.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Uber BV v Aslam – Old Square Chambers

‘In this case the drivers argue Uber is a transportation company for whom they provide services as “workers”. Uber disagrees, arguing it is a technology services provider acting as an agent for drivers in their business relationship with passengers. The question for the Court is whether the drivers are “workers” for the purposes of s.230(3)(b) of the Employment Rights Act 1996, s.54(3)(b) of the National Minimum Wage Act 1998 and reg.2(1) of the Working Time Regulations 1998. If this threshold is passed, a further issue is when the drivers are workers. Possible options include: (1) from the collection of the passenger until the driver reaches the passenger’s destination, (2) from the moment a booking is accepted until the passenger is dropped off, (3) any time when the driver is in the relevant territory with the Uber app switched on. This case is important as it provides an opportunity for the Supreme Court to provide guidance on the interpretation of Autoclenz v Belcher [2011] UKSC 41 and the correct approach to when it is permissible to disregard written contractual terms in an employment context.’

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Old Square Chambers, 21st July 2020

Source: www.oldsquare.co.uk

Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – I – Oxford Human Rights Hub

‘Across the world, Gig employers are now facing a legal reckoning in the highest courts. On 21st July, the issue of whether Uber drivers are “workers” will be considered by a seven-member panel of the UK Supreme Court. This follows on from Mr Heller’s momentous victory in a recent decision of the Supreme Court of Canada (SCC) in Uber Technologies Inc. v. Heller which involved a legal challenge to a mandatory arbitration clause in a contract between Uber and an UberEATS driver. The arbitration clause required disputes to be referred to arbitration in Amsterdam, which would be subject to the law of the Netherlands. The clause also required the payment of US $14,500 as an upfront administrative cost. The appellant earned $20,800–$31,200 per year before taxes and expenses were deducted. Nor did the fee include other costs likely to be incurred in an arbitration, such as travel to Amsterdam, accommodation, and legal representation. Students of transnational labour law of a certain generation cut their teeth on great debates about “offshoring” and the disintegrative risks to labour standards posed by capital mobility. The Heller case is an important reminder that we are now in an era of juridical mobility: employing entities seek to escape national labour law systems without the cost and inconvenience of spatial mobility.’

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Oxford Human Rights Hub, 19th July 2020

Source: ohrh.law.ox.ac.uk

Uber drivers’ fight for workers’ rights reaches supreme court – The Guardian

Posted July 21st, 2020 in news, self-employment, Supreme Court, taxis by sally

‘A five-year battle over the status and rights of Uber drivers reaches the supreme court in a case that lawyers believe has the potential to transform the gig economy in Britain.’

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The Guardian, 21st July 2020

Source: www.theguardian.com

Uber drivers to launch legal bid to uncover app’s algorithm – The Guardian

‘Minicab drivers will launch a legal bid to uncover secret computer algorithms used by Uber to manage their work in a test case that could increase transparency for millions of gig economy workers across Europe.’

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The Guardian, 20th July 2020

Source: www.theguardian.com

Now That We Care About Carers: Temporal Casualisation in Mencap and Uber – Oxford Human Rights Hub

Posted April 28th, 2020 in carers, coronavirus, minimum wage, news, Supreme Court, taxis by sally

‘A few weeks before the lockdown, one of the most important UK labour law cases of the last decade was heard by the Supreme Court. Royal Mencap Society v Tomlinson Blake has not attracted the attention paid to the Uber litigation, also to reach the Supreme Court later this year. Yet Mencap will have significant ramifications for a segment of the British workforce at the front line of the coronavirus response, namely care workers.’

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Oxford Human Rights Hub, 27th April 2020

Source: ohrh.law.ox.ac.uk

Credit hire – financial losses of self-employed drivers – KCH Garden Sq

Posted February 11th, 2020 in accidents, damages, news, road traffic, self-employment, taxis by sally

‘Claims concerning credit hire charges appear before the courts on a daily basis. It is vital for litigators in this field to be familiar with the decision of the High Court of Justice in late 2019, in Humayum Hussain v EUI Limited [2019] EWHC 2647 (QB); [2019] 10 WLUK 152, (‘Hussain’). The principles detailed in the judgment are applicable to self-employed drivers, including but not limited to, chauffeurs, delivery drivers and hauliers.’

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KCH Garden Sq, 7th February 2020

Source: kchgardensquare.co.uk

“Arising out the use of a vehicle?” Common sense definition prevails – Park Square Barristers

Posted February 6th, 2020 in insurance, news, personal injuries, taxis, theft by sally

‘In Neil Carroll v Michael Taylor, Michael Doyle, Emms Taxis Limited & QBE Insurance (Europe) Limited [2020] EWHC 153 QB the facts were relatively straightforward; Mr Carroll hailed a black cab driven by the First Defendant and owned by the Second Defendant after a night out drinking. Rather than taking him home, the First Defendant firstly stole his debit card (in fact swopping it for the debit card he had stolen from a previous fare) and then secondly when the First Defendant asked him to stop so he could get cash out, watched as the First Defendant (presumably repeatedly) put in his pin number, not realising that his attempt to obtain cash was doomed to failure as he was using somebody else’s card. Having thus obtained his pin number, the First Defendant then drove away leaving Mr Carroll stranded (and indeed within a short period of time removed £220 from Mr Carroll’s account with the ill-gotten card and pin number).’

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Park Square Barristers, 31st January 2020

Source: www.parksquarebarristers.co.uk

Uber driver banned after passengers hold ladder out of window – BBC News

‘An Uber driver caught on camera carrying passengers holding a ladder out of the window of his car has had his licence suspended.’

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BBC News, 16th January 2020

Source: www.bbc.co.uk

Black cab rapist John Worboys given two life sentences – BBC News

Posted December 18th, 2019 in news, parole, probation, rape, sentencing, sexual offences, taxis, victims, women by sally

‘Black cab rapist John Worboys has been handed two life sentences with a minimum term of six years for attacking four more women.’

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BBC News, 17th December 2019

Source: www.bbc.co.uk

Court of Appeal dismisses appeal by council over bid to include cost of supervising driver conduct in fees for taxi and PHV vehicle licences – Local Government Lawyer

Posted December 11th, 2019 in appeals, fees, judicial review, licensing, local government, news, professional conduct, taxis by tracey

‘The Court of Appeal has dismissed a council’s appeal over whether it acted unlawfully when it resolved to fix the fees for vehicle licences for taxis and private hire vehicles at an amount which included recovery of all or part of the cost of supervising the conduct of drivers licensed to drive such vehicles.’

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Local Government Lawyer, 11th December 2019

Source: www.localgovernmentlawyer.co.uk

Borough council secures guilty pleas for plying for hire during Cheltenham Festival – Local Government Lawyer

Posted December 4th, 2019 in guilty pleas, insurance, licensing, local government, news, prosecutions, taxis by tracey

‘Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk