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Uber decision

Employment and Discrimination Law

Uber decision

Postby dls » Fri Oct 28, 2016 6:07 pm

Just an employment tribunal or the most important employment law decision of the decade?

The self importance of the lawyer from the GMB was breathtaking. The decision of an employment tribunal is not a precedent. Were it confirmed by the EAT then it becomes such. As it is a tribunal looking at the same facts on Monday morning is perfectly entitled, if it so thinks to decide exact opposite.

Whether or not uber drivers are workers (_not_ employees) is of course a question which once answered by a court of record could have real significance. I do not myself know which way it will fall, but frankly nobody does yet.
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Re: Uber decision

Postby atticus » Fri Oct 28, 2016 7:32 pm

There will, of course, be an appeal. I can see this one going beyond the EAT, and possibly all the way to the Supreme Court.
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Re: Uber decision

Postby dls » Sun Oct 30, 2016 3:09 pm

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Re: Uber decision

Postby Hairyloon » Mon Oct 31, 2016 12:04 am

I like para 87. Sorry, I can't copy'n'paste it, else I would do.
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Re: Uber decision

Postby steve » Mon Oct 31, 2016 3:58 pm

The self importance of the lawyer from the GMB was breathtaking. The decision of an employment tribunal is not a precedent. Were it confirmed by the EAT then it becomes such. As it is a tribunal looking at the same facts on Monday morning is perfectly entitled, if it so thinks to decide exact opposite.


GMB are fighting a political battle to highlight the gig economy and other forms of fake self employment. Given what I hear about the courier business from my partner who works in it from time to time, good on them.

Why should Uber appeal? Would it not be better for them to simply require all and every driver pay the large ET fees if they want to make a claim?
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Re: Uber decision

Postby Hairyloon » Mon Oct 31, 2016 4:01 pm

How do the minimum wage regulations work in these cases?
Do they have to be paid minimum wage, out of which they must pay their vehicle's expenses, or must the minimum they're paid allow for those essential costs?
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Re: Uber decision

Postby Hairyloon » Mon Oct 31, 2016 4:02 pm

steve wrote:Why should Uber appeal? Would it not be better for them to simply require all and every driver pay the large ET fees if they want to make a claim?

Because if the drivers win then they will likely be awarded costs.
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Re: Uber decision

Postby atticus » Mon Oct 31, 2016 4:12 pm

Losing defendants pay the claimant's ET fees. So if the decision stands, drivers may pay the fee with a higher degree of confidence of success than most claimants.
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Re: Uber decision

Postby Millbrook2 » Mon Oct 31, 2016 5:29 pm

The thing that came to my mind which I haven't seen mentioned is whether this decision will mean Uber have to set up a pension scheme. If so it may make the business model creak.
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Re: Uber decision

Postby Hairyloon » Mon Oct 31, 2016 5:43 pm

Millbrook2 wrote:The thing that came to my mind which I haven't seen mentioned is whether this decision will mean Uber have to set up a pension scheme. If so it may make the business model creak.

An imaginary friend who is a cabbie says that this judgment will wreck their business model, and I think that was without considering a pension scheme.
If he is correct, then that suggests that cabs across the board are simply undercharging as on the face of it, the Uber model looks to be unbeatably efficient.
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