Uber:
As trade
unionists call for Uber to “throw in the towel”, the ride-hailing app says it
will appeal against the tribunal judgment.
Uber has
lost an appeal against a landmark ruling on the employment rights of its
drivers.
Two
drivers, James Farrar and Yaseen Aslam, won a case against the ride-hailing app
last year after arguing they were workers and entitled to the minimum wage,
sick pay, paid holiday and breaks.
During its
failed attempt to overturn the decision at the Employment Appeal Tribunal in
London, Uber claimed the ruling could deprive drivers of the “personal
flexibility they value”.
The
company, which is also battling Transport for London over its licence to
operate in the capital, said it would appeal against Friday’s judgment.
In a
statement, it said: “Almost all taxi and private hire drivers have been
self-employed for decades, long before our app existed.
This photo
illustration shows a man posing with his mobile phone as the Uber app is
displayed in Manila on August 17, 2017. Ride-sharing app Uber faces a
month-long suspension in the Philippines, in its latest run-in with authorities
around the world. Uber, the world's most valuable venture-backed startup, was
forced to suspend its services this week after the nation's transportation
agency accused it of defying an order against accepting new driver
applications. / AFP PHOTO / Ted ALJIBE (Photo
Image:
The tech
firm claims its drivers are ‘partners’ and not workers
“The main
reason why drivers use Uber is because they value the freedom to choose if,
when and where they drive and so we intend to appeal.”
Mr Farrar,
49, said he was “really disappointed” over Uber’s intention to appeal, adding
it had “an army of lawyers paid for by exploiting labour”.
The driver
added: “We can’t give up because the case law is so important now that if we
give up and give this victory to Uber, then the battle will be so much harder
for everybody else that comes after us – not just Uber drivers, but people
right across the economy.
“Because if
Uber gets away with this, then everywhere you turn in Britain, industrial
Britain, you’ll have people under this sort of fake self-employed conditions,
carrying all the risk of the business with no worker rights.”
Calling on
Uber to “throw in the towel”, TUC general secretary Frances O’Grady said: “No
company, however big or well-connected, is above the law.
James Farrar (L) and Yaseen Aslam (R) won a case against Uber last year
“Uber must
play by the rules and stop denying its drivers basic rights at work. This
ruling should put gig economy employers on notice.”
Last month,
Uber filed an appeal against a decision by TfL to deny it a licence to operate
in London.
TfL said
the taxi-hailing app had demonstrated “a lack of corporate responsibility in
relation to a number of issues which have potential public safety and security
implications”.
Uber
employs 40,000 drivers in the capital and can continue to operate until that
appeal process is complete.
While some
drivers have criticised Uber’s structure, others say the app gives them the
chance to work when they like.
“Every
driver I know who uses the app does not want to be a worker for Uber,” driver
Ben Tino told Sky News.
“We want to
remain independent – it’s the reason why we all signed up in the first place.”
He added:
“I really hope that Uber goes on to win this case otherwise it would be a
disaster for the drivers who actually use the app.
“Uber has
transformed the private hire industry for the better.”
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