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Uber Drivers Are Company Employees Not Self-Employed Contractors, Rules British Court (arstechnica.com)

A British court has ruled that Uber drivers have the same employment rights as other full-time employees in the country, which makes them entitled to a wide array of benefits. Ars Technica reports: The ruling (PDF) means that drivers are now entitled to earn the national minimum wage, holiday pay, sick pay, and other benefits, after the San Francisco-based taxi firm lost a case brought against them by two drivers backed by the GMB union. Uber had argued that it was a tech firm rather than a transport one, and that as its drivers were self-employed contractors it was not obliged to provide the kinds of statutory employment rights full-time workers would expect. According to the GMB, the Central London Employment Tribunal's decision will have ramifications in other industries which rely on casualized labor, and that "similar contracts masquerading as bogus self employment will all be reviewed." In the court's ruling, however, the judges insisted that "the notion that Uber in London is a mosaic of 30,000 small businesses linked by a common 'platform' is to our minds faintly ridiculous. Drivers do not and cannot negotiate with passengers... They are offered and accept trips strictly on Uber's terms." The tribunal panel reserved hefty criticism for the firm, claiming that it had used "fictions," "twisted language," and "brand new terminology" to hoodwink drivers and passengers alike. The GMB meanwhile denied that the majority of Uber drivers enjoyed the "flexibility" of their current contracts.

12 of 230 comments (clear)

  1. Not just Uber. by Narcocide · · Score: 5, Insightful

    Dishonest employers fooling employees into thinking they're contractors has actually long been a mainstay of the technical industry. Seriously. If you think you're a contractor and are rejecting my assertion here but you still have to report to an office at a specific time determined by your employer, you're a sucker.

    1. Re:Not just Uber. by Narcocide · · Score: 4, Insightful

      They're obviously not when their ignorance allows their employer to get away with egregious tax fraud at their own collective expense.

    2. Re:Not just Uber. by rtb61 · · Score: 5, Insightful

      Well, 'er', yeah that's 100% correct. Just like we expect government to protect us from crap doctors or crap lawyers or crap teachers or crap dentists or crap pilots (I have the right to evaluate my own pilot, I don't need some stinking licence to tell me whether or not they can fly a plane properly https://www.google.com.au/sear..., same goes for licences plane mechanics, who needs them, I assume you rate them 0 out of 10 just before you hit the ground ;DDD).

      Yes the government should go after employers who put their employees lives at risk, who do not pay them, who abuse their employees and that includes custodial sentences, fines and putting them out of business permanently.

      --
      Chaos - everything, everywhere, everywhen
  2. Re:Expected ruling from institutionalized employee by Anonymous Coward · · Score: 5, Insightful

    How the hell is working FOR Uber entrepreneurship. Can you Grow your Business?
    Can you Also deal with competing Companies?
    Deal Direct with Customers? Other them other services?
    No You work for Uber.

  3. What They're Actually Saying... by BlueStrat · · Score: 2, Insightful

    What they're actually saying is that UK citizens are not free to enter into individual contracts for labor or service, they may only be employees of a business/corporation. Apparently the leaders in the UK must not believe UK citizens are intelligent enough to avoid signing themselves into slavery or something.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    1. Re:What They're Actually Saying... by FlyingGuy · · Score: 3, Insightful

      No, what I believe they are saying is that if you work for a company, that collects the money, gives you your jobs, set standards for drivers, etc., then you are an employee of that company.
      You can buy a car, advertise all over the place, have the correct insurance, and you are a one person company. It has been going on for a long time, its called "Car Service".

      --
      Hey KID! Yeah you, get the fuck off my lawn!
  4. Re:Expected ruling from institutionalized employee by magarity · · Score: 5, Insightful

    It's entrepreneurship because you get to decide when, where, and how much you work.

    That is the definition of flexible work hours. The definition of entrepreneur is someone who establishes a business.

  5. Re:Good luck fucking that chicken by SirSlud · · Score: 3, Insightful

    I chose not to be a billionaire because I didn't want to put in the kind of effort, dedication, and in these times, stoop as low as one needs to acquire such a fortune.

    Bwhahahaha. That's incredibly cute.

    --
    "Old man yells at systemd"
  6. Re:The IRS Test by mark-t · · Score: 4, Insightful

    Actaully, Uber drivers can't negotiate the price with passengers because the passengers aren't actually the driver's clients, Uber is, and the passengers are Uber's customers, not the drivers, so driver has absolutely no authority to negotiate a different rate of pay with them. The driver can either accept the rate that Uber said they will pay... or not. Accepting what a client said they would pay does not make the contractor who agreed to work for that amount an employee.

    There may be other reasons to consider Uber drivers employee's, but how the drivers are paid is definitely not one of them. If that, as you say, is really the tipping point, then Uber drivers would definitely be independent contractors.

  7. Re:The IRS Test by Anonymous Coward · · Score: 2, Insightful

    As a contractor I quote to the client the price that I charge (keeping in mind market rates for CCIEs) and it is the customer that determines whether to accept or to counter-offer. The ability to counter-offer is important, as it indicates the negotiation part of the contract is indeed between the two parties.

    In Uber's case, the real contract is between the customer and Uber, and the limited options of the Uber driver indicate that the relationship between Uber and the driver more or less works on Uber's terms. This is indicative of a employee-employer relationship.

  8. Re:Why is everyone against Uber? by Ash-Fox · · Score: 4, Insightful

    I don't understand why drivers expect to get all these benefits for working part time

    In the UK, companies are required to provide certain things to employees, part time or not. The issue here is the organisation is supposed to be employing these people as employees and not "self employed contractors", likely brought about with the similarity to how these are like zero-hour contracts.

    they signed on to work for them

    Just like someone employed under a zero-hour contract, however that doesn't mean the company is not responsible for them as an employee still.

    they can get another job if they don't like the situation

    And they can take the organisation to court if they don't believe it's following proper employment practices.

    or they just expect that because it's a big company they should get more?

    Small companies don't really make their employees declare that they're self employed contractors.

    I think this is more political, and the lobbyists are not getting their kickbacks like they do from local taxi companies.

    "Kickbacks" are illegal for politicans in the UK thanks to the Bribery act. If you have evidence of this, I would suggest you publish it so the British government and public can address it.

    --
    Change is certain; progress is not obligatory.
  9. Re: Ita about time! by Chrisq · · Score: 4, Insightful

    And nothing of value was lost...

    In fact something of value would be gained, the principle that you can't circumvent laws on hours, holiday pay, maternity pay, redundancy pay simply by saying that someone is a self-employed contractor. It doesn't matter whether Uber stay or go