Uber faces employees' rights challenge

Aug 03, 2015

Written By Sofia Gymer, Editor, AllAboutLaw.co.uk

GMB union, the Transport Workers’ Union, is to bring an employment battle against Uber, the taxi booking company that is taking the world by storm.

Using a phone app, customers are able to order a taxi from any location within the 300 cities that it operates within. The service presents a profile of the driver and a rating service.

Uber counts its drivers as partners and has therefore sidestepped the need to provide its workers with employees’ rights.

GMB claim that Uber is breaching its duty to provide employees with basic employee rights. They have instructed Leigh Day to represent them, a firm which is currently embroiled in two massive equal pay battles with Sainsbury’s and Asda.

Nigel Mackay, Leigh Day partner who is leading the case, combats the idea that the drivers are partners. He said:

“Uber not only pays the drivers but it also effectively controls how much passengers are charged and requires drivers to follow particular routes. As well as this, it uses a ratings system to assess drivers’ performance.

“We believe that it’s clear from the way Uber operates that it owes the same responsibilities towards its drivers as any other employer does to its workers.”

The firm allege that Uber does not ensure that its workers take breaks or set a limitation on the maximum hours worked per week; something that could cause road-safety issues.

There has been speculation by many that Uber may instruct Hogan Lovells to defend them as they have done so in previous suits, but that is yet to be confirmed.

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