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

  • Model Apprenticeship Agreement

    FREE DOWNLOAD

    Model Apprenticeship Agreement

    Read more
  • Sample COSHH Assessment Record

    FREE DOWNLOAD

    Sample COSHH Assessment Record

    Read more
  • Return to Work Interview Form

    FREE DOWNLOAD

    Return to Work Interview Form

    Read more
  • Conditional Job Offers

    BLOG

    Conditional Job Offers

    The job process can be a long-winded one for all involved. From creating the job...

    Read more
  • Eye Health in the Workplace

    BLOG

    Eye Health in the Workplace

    On average 1000 injuries occur to people’s eyes every day.[1] The best way to p...

    Read more
  • Case Law - Discrimination Outside of Work

    BLOG

    Case Law - Discrimination Outside of ...

    The EAT has held that employers could avoid being liable for discriminatory acts...

    Read more
  • Syalons

    CASE STUDY

    Syalons

    International Syalons is a manufacturer of advanced ceramics, working for variou...

    Read more
  • Pangea Support

    CASE STUDY

    Pangea Support

    We see Croner being integral to our organisation moving forward, and we’d defini

    Read more
  • JC Couriers

    CASE STUDY

    JC Couriers

    With Croner it genuinely feels like they want me to be a success. And I'm happy

    Read more

Do you have any questions?

Get a free callback from one of our regional experts today