Uber has actually been accused of trying to prevent drivers from seeking compensation for missed out on vacation and base pay payments after a landmark court ruling.
The taxi-hailing app might have to pay out more than ₤ 100m to more than 10,000 chauffeurs associated with cases linked to a UK supreme court judgment on Friday that they should be classified as workers. Uber has previously argued that its 60,000 UK drivers are self-employed independent specialists with no right to holiday pay, a company pension or the nationwide base pay.
The case began when 2 chauffeurs, James Farrar and Yaseen Aslam, took Uber to court on behalf of a group of about 23 others.
In a message to motorists after the ruling, Uber’s basic supervisor for northern and eastern Europe, Jamie Heywood, said that as an outcome of the court’s decision “a small number of drivers from 2016 can be classified as employees, but this judgment does not apply to motorists who earn on the app today.”
He said Uber had actually made considerable changes to its company recently, including providing drivers more control over their revenues and generating brand-new protections including totally free insurance in case of sickness or injury.
One driver who got the message stated: “After becoming aware of the court choice I was feeling slightly elated and thought at last things might alter, but when I got the message from Uber it seemed like a begin the teeth stating it only uses to a couple of motorists.”
Lawyers acting for the plaintiffs argue that Heywood’s declaration was misleading.
Nigel Mackay, a partner at the law firm Leigh Day, which is acting for more than 2,200 chauffeurs, stated: “There is no way they can state ‘this does not apply’ with self-confidence. To suggest that the changes they speak about have any effect on the supreme court findings, the result of that is very misleading. Uber is attempting to hinder individuals from the claim with this message.”
The company thinks the drivers are due about ₤ 12,000 in compensation each, which would cost Uber more than ₤ 26m.
If Uber does decline that the court’s ruling on Farrar and Aslam uses to all of its motorists, the connected cases will reboot at the work tribunal after being stopped briefly while the supreme court’s choice was awaited. Attorneys stated hundreds more drivers had applied to sign up with the claims since the judgment.
Mackay said the judgment was clear about specific factors which indicated Uber’s control of the drivers by, for instance, setting the cost of a journey and giving out charges related to users’ rankings. He stated it was hard to see that any of the changes to conditions Uber had actually talked about had actually changed that level of control.
Andrew Nugent Smith, the managing director of the law firm Keller Lenkner, which is representing more than 8,000 drivers, was gotten in touch with by about 1,000 more over the weekend. It thinks those currently on its books might claim an average of ₤ 10,000 each in payment, which would cost Uber about ₤ 80m.
” To recommend that there is no effect at all on the wider driver community, and existing conditions and working practices, is misleading,” he said. While the supreme court choice “did associate with historical terms and practices, that Uber has actually because changed, we are positive that chauffeurs should still be dealt with as workers”.
An Uber source rejected the claim that Heywood’s message had actually misinformed chauffeurs or was planned to deter them from looking for compensation. The source said the business was speaking with about modifications it could make to its working practices. It is expected to reveal a reaction to the assessment within weeks and wants the government to consider how to make sure there is a level playing field with an action to the ruling throughout the whole ride-hailing industry.