Uber driver protest slows London down

blog-publish-date

24 Nov 2016

blog-read-duration

Uber drivers took to the streets of London yesterday in a protest over the payment of the National Minimum Wage. Unfortunately for them, despite the protest, it looks like they are a long way off benefiting from the minimum wage let alone the 30p rise in the National Living Wage announced by Chancellor Philip Hammond today.

The Employment Tribunal recently decided that Uber drivers were not in business on their own account, and so fell into the category of ‘worker’. They came to this conclusion because, among other things, Uber:
  • interviews and recruits drivers, using an “onboarding” process;
  • fixes the fare and the driver cannot agree a higher sum;
  • imposes numerous conditions on drivers e.g. there is a list of makes and models of cars which Uber will accept; cars cannot be older than 2006; they should preferably be silver or black;
  • subjects drivers to a rating system which amounts to a performance management/disciplinary procedure;
  • accepts the risk of loss which, if the drivers were genuinely in business on their own account, would fall upon them;
  • determines issues about rebates sometimes without involving the driver whose pay is likely to be affected;
  • would have to be the client/customer of the drivers. This was clearly not the case.
Alan Price, CEO at Croner, says: “The Employment Tribunal decision was a seminal case for Uber and other organisations who engage individuals on similar terms. The protest by Uber drivers and the increase in National Living Wage will throw the issue of employment status back into the limelight and we expect a torrent of claims from other industries who operate similar practices.”

Free to Download Employer Resources

  • How to make reasonable adjustments for mental health in the workplace

    FREE DOWNLOAD

    How to make reasonable adjustments fo...

    Read more
  • Sample Health & Safety Communication and Consultation Policy

    FREE DOWNLOAD

    Sample Health & Safety Communication ...

    Download Croner's sample health & safety communication and consultation policy, here.

    Read more
  • Adverse Weather Policy

    FREE DOWNLOAD

    Adverse Weather Policy

    Here we’ve included a free sample adverse weather policy that UK business owners can refer to...

    Read more
  • World Religion Day: Your Employees' Rights at Work

    BLOG

    World Religion Day: Your Employees' R...

    Each year, thousands of businesses call Croner for advice on sensitive issues in...

    Read more
  • Conducting an Equal Pay Audit

    BLOG

    Conducting an Equal Pay Audit

    The equal pay act sets provisions for organisations to follow the same pay syste...

    Read more
  • Health & Safety Changes to Look Out For in 2019

    BLOG

    Health & Safety Changes to Look Out F...

    The news at the start of this year has been dominated by Brexit and its potentia...

    Read more
  • Solicitors Benevolent Association

    CASE STUDY

    Solicitors Benevolent Association

    “The reason for using Croner was the high-profile track record and the credibili

    Read more
  • John Taylor Hospice

    CASE STUDY

    John Taylor Hospice

    “A large number of the queries are around employment law and rights in areas suc

    Read more
  • Motorsport Industry Association

    CASE STUDY

    Motorsport Industry Association

    “I’m so happy with the service Croner provide, I’d be hard pressed to find a fau

    Read more

Ready to focus on what you do best?

Get your free consultation and speak to an expert today.