Street Space and Taxis During the COVID-19 Pandemic – City Law Forum

Posted April 15th, 2021 in coronavirus, London, news, road traffic, taxis by sally

‘The taxi or black cab has from time immemorial been part of the London transport scene. They are permitted to use all available road space, including bus lanes. The current pandemic has motivated the Mayor of London and Transport for London (TfL) to create a policy resulting in traffic plan and traffic orders limiting the amount of road space available for vehicles. The result of these orders has been to restrict taxis from using road space (including bus lanes) in two areas of central London that were previously available to them.’

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City Law Forum, 14th April 2021

Source: blogs.city.ac.uk

R.I.P Gig Economy? – 4 King’s Bench Walk

‘On February 19th, the Supreme Court dismissed Uber’s appeal upholding the decision of the Employment Tribunal: a ruling upheld both by the EAT and the Court of Appeal. Lord Leggatt’s judgment confirmed that the claimant Uber drivers were workers for the purposes of the Working Time Regulations, national minimum wage legislation, and the Employment Rights Act 1996. In a unanimous judgment, the Supreme Court sent the case back to the Employment Tribunal to determine the claims on their merits.’

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4 King's Bench Walk, 4th March 2021

Source: www.4kbw.co.uk

Ep 139: Courts tussle with Uber, Ola and the Gig Economy – Law Pod UK

Posted April 8th, 2021 in holiday pay, minimum wage, news, podcasts, self-employment, taxis by sally

‘Alasdair Henderson of 1 Crown Office Row joins Rosalind English to discuss the recent ruling by the UK Supreme Court that drivers whose work is arranged through Uber’s smartphone app work for Uber under workers’ contracts and so qualify for the protections afforded by employment law, such as minimum wage and paid holiday leave.’

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Law Pod UK, 7th April 2021

Source: audioboom.com

Mencap and Uber in the Supreme Court: Working Time Regulation in an Era of Casualisation – Oxford Human Rights Hub

Posted April 6th, 2021 in care workers, casual workers, news, Supreme Court, taxis, working time by sally

‘In recent weeks, two long-awaited UK Supreme Court judgments have offered strikingly divergent reflections on the meaning and parameters of working time.’

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Oxford Human Rights Hub, 1st April 2021

Source: ohrh.law.ox.ac.uk

After Uber: Purposive Interpretation and the Future of Contract – by Joe Atkinson and Hitesh Dhorajiwala – UK Labour Law

Posted April 1st, 2021 in contract of employment, employment, interpretation, news, Supreme Court, taxis by tracey

‘The Uber BV v Aslam [2021] UKSC 5 (“Uber (SC)”) judgment from the Supreme Court represents the final chapter in the long-running saga of determining the employment status of drivers who provided trips to passengers via the Uber app. As highlighted by Valerio De Stefano, the finding that the drivers must be classed as workers is part of a wider trend of decisions rejecting arguments that platform workers fall outside the regulatory scope of employment law. This blog considers key aspects of the Supreme Court’s reasoning, relating to the “purposive approach” and the role of contractual documentation in determining employment status, as well as some of the practical consequences of the judgment for workers.’

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UK Labour Law, 1st April 2021

Source: uklabourlawblog.com

‘A lot are sceptical’: Uber drivers’ cautious welcome over worker status – The Guardian

‘On Wednesday Uber, the taxi hailing app, began offering 70,000 UK drivers a minimum hourly wage, holiday pay and pensions after years of legal battles.’

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The Guardian, 18th March 2021

Source: www.theguardian.com

Courts close in on gig economy firms globally as workers seek rights – The Guardian

‘Gig economy companies, including Uber and Deliveroo, have faced at least 40 major legal challenges around the world as delivery drivers and riders try to improve their rights.’

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The Guardian, 17th March 2021

Source: www.theguardian.com

For Whom the Bell Tolls: “Contract” in the Gig Economy – Oxford Human Rights Hub

‘Are Uber drivers ‘limb (b) workers’ and so entitled to fundamental statutory rights such as the minimum wage and working time protections? In a decision of fundamental significance, six Justices of the United Kingdom Supreme Court (UKSC) upheld the original Employment Tribunal (ET) decision that the drivers were ‘limb (b) workers. In reaching this conclusion, the UKSC endorsed the ‘purposive’ approach that had been set down in the earlier case of Autoclenz v Belcher by Lord Clarke.’

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Oxford Human Rights Hub, 7th March 2021

Source: ohrh.law.ox.ac.uk

“You have reached your destination…”; Uber v. Aslam – Parklane Plowden Chambers

‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’

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Parklane Plowden Chambers, 26th February 2021

Source: www.parklaneplowden.co.uk

Regulation is not an À la Carte menu: insights from the Uber judgment – by Valerio De Stefano – UK Labour Law

‘If we had to pick one among the many enlightening statements from the UK Supreme Court’s judgment in Uber, it would be this. It perfectly captures both the gist of the case at hand and the substance of the whole global debate on platform work. From the outset, the narrative driven by platforms was based on the notion that they were something entirely new in our societies. They were introducing entirely novel work models, made possible by technology, which could not be subject to the same regulation that traditional businesses had to observe. Their business model was not compatible with existing labour protection systems, and they would be instead the best positioned to determine which kind of protection they could grant to workers (only – they would not call them “workers”, but “drivers”, “partners”, “taskers”, “riders”, etc.).’

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UK Labour Law, 2nd March 2021

Source: uklabourlawblog.com

Chelsea Brooke-Ward discusses: Uber BV and others v Aslam and Others – Park Square Barristers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark decision the Supreme Court has ruled that The Central London Employment Tribunal, and the Court of Appeal were correct to find that the Claimant Uber drivers were “workers”, rather than independent contractors. ‘Whether a contract is a ‘worker’s contract’ is a matter of statutory interpretation, not contractual interpretation. That involves taking a purposive approach which, in the employment context, is to protect those who are vulnerable as a result of their subordination to, and dependence upon, another person in relation to their work. In the case of Uber, the employment tribunal’s findings on the relative degree of control exercised by Uber and drivers respectively over the service provided to passengers justified its conclusion that the drivers were workers,’ according to the Supreme Court.’

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Park Square Barristers, 24th February 2021

Source: www.parksquarebarristers.co.uk

Uber BV v Aslam and Others – Old Square Chambers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark judgment which will have wide-ranging implications for workers and employers in the gig economy, the Supreme Court has upheld an employment tribunal’s decision that Uber drivers were workers and therefore entitled to the minimum wage, statutory annual leave and protection from detriment under the Employment Rights Act 1996.’

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Old Square Chambers, 19th February 2021

Source: oldsquare.co.uk

Uber accused of trying to deter drivers from seeking compensation – The Guardian

Posted February 23rd, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by tracey

‘Uber has been accused of trying to deter drivers from seeking compensation for missed holiday and minimum wage payments after a landmark court ruling.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures

‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’

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Litigation futures, 19th February 2021

Source: www.litigationfutures.com

Beyond regulation: controlling app-based private hire operators – 11 KBW

Posted December 7th, 2020 in chambers articles, internet, licensing, news, regulations, standards, taxis by sally

‘In former times, if you wanted to build a business empire, you needed bricks, mortar and time. It took twenty years for Marks and Spencer to move from their first covered market in Leeds to their first shop. No more. You can run the world’s largest holiday lettings company without owning a hotel, or the largest book retailer in the world without a bookshop, and you can revolutionise the global taxi industry without owning a car. And it all happens at a dizzying pace. The question arises whether these commercial leviathans can be regulated and if so how.’

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11 KBW, November 2020

Source: www.11kbw.com

Council to pursue Crown Court appeal over ruling that ex-policeman convicted of child abduction should be granted taxi licence – Local Government Lawyer

Posted September 24th, 2020 in children, kidnapping, licensing, local government, news, taxis by sally

‘Sefton Metropolitan Borough Council has lodged an appeal with Liverpool Crown Court over whether a former policeman convicted 14 years ago of abducting a 15-year-old girl should be granted a taxi driver licence.’

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Local Government Lawyer, 22nd September 2020

Source: www.localgovernmentlawyer.co.uk

Taxi drivers group eyes legal challenge over ‘Streetspace’ policy of London mayor and TfL – Local Government Lawyer

Posted August 26th, 2020 in bicycles, coronavirus, local government, London, news, road safety, roads, taxis by sally

‘The Licensed Taxi Drivers’ Association (LDTA) plans a legal challenge to London mayor Sadiq Khan and Transport for London (TfL) over their Streetspace policy.’

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Local Government Lawyer, 21st August 2020

Source: www.localgovernmentlawyer.co.uk

Mayor defeats Court of Appeal challenge to removal of congestion charge exemption from minicab drivers – Local Government Lawyer

‘The Court of Appeal has found for the Mayor of London Sadiq Khan in a case brought by minicab drivers, despite judges being troubled by aspects of his actions.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Uber BV v Aslam – Old Square Chambers

‘In this case the drivers argue Uber is a transportation company for whom they provide services as “workers”. Uber disagrees, arguing it is a technology services provider acting as an agent for drivers in their business relationship with passengers. The question for the Court is whether the drivers are “workers” for the purposes of s.230(3)(b) of the Employment Rights Act 1996, s.54(3)(b) of the National Minimum Wage Act 1998 and reg.2(1) of the Working Time Regulations 1998. If this threshold is passed, a further issue is when the drivers are workers. Possible options include: (1) from the collection of the passenger until the driver reaches the passenger’s destination, (2) from the moment a booking is accepted until the passenger is dropped off, (3) any time when the driver is in the relevant territory with the Uber app switched on. This case is important as it provides an opportunity for the Supreme Court to provide guidance on the interpretation of Autoclenz v Belcher [2011] UKSC 41 and the correct approach to when it is permissible to disregard written contractual terms in an employment context.’

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Old Square Chambers, 21st July 2020

Source: www.oldsquare.co.uk

Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – I – Oxford Human Rights Hub

‘Across the world, Gig employers are now facing a legal reckoning in the highest courts. On 21st July, the issue of whether Uber drivers are “workers” will be considered by a seven-member panel of the UK Supreme Court. This follows on from Mr Heller’s momentous victory in a recent decision of the Supreme Court of Canada (SCC) in Uber Technologies Inc. v. Heller which involved a legal challenge to a mandatory arbitration clause in a contract between Uber and an UberEATS driver. The arbitration clause required disputes to be referred to arbitration in Amsterdam, which would be subject to the law of the Netherlands. The clause also required the payment of US $14,500 as an upfront administrative cost. The appellant earned $20,800–$31,200 per year before taxes and expenses were deducted. Nor did the fee include other costs likely to be incurred in an arbitration, such as travel to Amsterdam, accommodation, and legal representation. Students of transnational labour law of a certain generation cut their teeth on great debates about “offshoring” and the disintegrative risks to labour standards posed by capital mobility. The Heller case is an important reminder that we are now in an era of juridical mobility: employing entities seek to escape national labour law systems without the cost and inconvenience of spatial mobility.’

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Oxford Human Rights Hub, 19th July 2020

Source: ohrh.law.ox.ac.uk