Big day ahead for #ukemplaw & the gigeconomy: the UK Supreme Court is about to rule on whether @Uber drivers are workers. 🧵with some history and background while we wait 👇
It all started as long ago as 2015/16 - when @Uber first lost its case in the Employment Tribunal. The Tribunal was highly critical of the practices of 'armies of lawyers' resorting to ‘fictions, twisted language and even brand new terminology’
Just over a year later, the Court of Appeal had its say - and once more found that @Uber drivers were workers, rather than independent contractors as suggested by the company...
... but, for the first time, there was dissent: Underhill LJ agreed with @Uber that on the proper construction of the contractual agreement, drivers should fall outside the scope of employment law
The stage was set for two days of compelling argument before the (virtual) Supreme Court - you can rewatch the sessions here: 👉 supremecourt.uk/watch/uksc-201…
So, here we are: are the claimant drivers "workers" providing personal services to @Uber? (And, if so, what periods constituted their "working time" - whenever the app was on, or merely when transporting passengers?) Not long to go now!
🚖 #Uber drivers are workers, the UK #SupremeCourt confirms. Major legal & labour market implications - let's take a detailed look at this landmark judgment (long-ish 🧵, the short take is here 👉
#Uber drivers are workers – entitled to the minimum wage (& other key employment rights) whenever they’re logged on. Lord Leggatt gives the powerful unanimous judgment of the court
The facts are well-known by now – but important to remember the sheer scale of this decisions: in 2016, @Uber employed over 30,000 drivers in London alone (40k across the UK).
💥BREAKING: #Uber drivers *ARE* workers, rules UK #SupremeCourt, rejecting @Uber 's final appeal. Potentially huge implications for #ukemplaw, and the #gigeconomy business model - full thread with first analysis coming up.
Lord Leggat sets out unanimous judgment of the Court, upholding the ET's findings, emphasising 5 elements: 1/ @Uber sets fare. 2/ contract terms imposed by Uber.
3/ Uber constrains worker choice once logged on, e.g. by monitoring trip request acceptance. 4/ Uber exercises significant control over how drivers deliver services, e.g. rating system
The Court starts with a strong assertion of the primacy of facts: compliance with regulatory regimes / contractual documentation / &c can be rebutted if there is a relationship of permanent legal subordination (this has been a key debate in the UK litigation, too)
The case law on point is well-established: "rel'p of legal subordination is characterised by the performance of a job under the authority of an ER who has the power to give orders and instructions, to oversee performance thereof, and to sanction the subordinate for any breaches."
Breaking: Employment Tribunal decision in @PimlicoPlumbers: unlawful deduction of wages admitted, holiday pay claim rejected. Written reasons to be sent to parties, first update here courtesy @jacquimcguigan. Crucial #ukemplaw testcase for #gigeconomy and #precariouswork. 1/7
The key dispute relates to paid annual leave due to workers under the Working Time Regs. @PimlicoPlumbers ‘admitted that the leave [taken by Mr Smith] was unpaid’ 2/7
The problem, however, lies in recent statutory amendments to limitation periods, which drastically limit claimants’ ability to recover – claims need to be brought within three months of the last deduction *and* it’s difficult to establish a series of deduction. 3/7
On my way home from @ilo and @BelgiumUNGeneva high-level forum on the #sharing economy and its social challenges: a few highlights from a great discussion, moderated by @ilo senior economist Janine Berg. Short thread. 1/10 @ILO_live
Josephine Teo, Singapore Minister of Manpower followed w/ fascinating overview of tripartite working group–from offering standard contracts & payment dispute resolution to challenges of #freelancers for social sec. V interested to learn more about their work! 3/10 @SPMGMissionGva
.@Uber's @asingh_au emphasised the challenges of operating in 79 countries, with vastly different laws – and social contracts; the many dimensions of flexibility (scheduling / variations); and the need for policy innovation. 4/10
London @Uber drivers are workers: summary & analysis of today’s Employment Appeal Tribunal decision #ukemplaw#gigwork Thread. 1/n
@Uber Headline story: EAT fully upholds Employment Tribunal’s findings from last November. @Uber drivers are workers, entitled to basic rights incl min wage judiciary.gov.uk/wp-content/upl… 2/n
@Uber Decision starts with useful summary of key points (see my earlier comments here: