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This is ruling will be as important as the Supreme Court. If we win, the misclassification contract model will be outlawed. Platforms will be obliged to contract directly with passengers & not have their workers do so w platforms pretending only to be a booking agents 1/
If we lose, Uber et al will have carte blanche to contain, box in and salami slice away the SC gains for workers by 'innovating the app' to claim a new working reality different from the facts of the original case. That is already happening w working time definitions. 2/
This is because the only thing Uber really fears is the catastrophe of losing their license in a major global market like London. They've asked the court for a declaration that their dodgy contract model, illegal in employment law, is legal under transport law. I know, mad! 3/
The proceedings were a clear, collateral attack on the Supreme Court ruling. As the regulator, TfL had to be the respondent by default but, inexplicably, TfL declared neutrality before the court and refused to take a position. ADCU then had no choice but to enter as defendant. 4/
If Uber lose, it should be clear they will be liable for VAT (retroactively too) despite their claims to be 'negotiating' with the Treasury. See 3.3. This is about £5bn due from Uber alone & then all 2,000 London operators will have to cough up also 5/ gov.uk/guidance/how-v…
The hard lesson I've learnt is that even a Supreme Court ruling is not enough. The govt has not taken the initiative from the ruling to broadly enforce it. TfL have continued to sit on their hands. Apps are trying to wriggle free. 6/
We'll win out because ADCU is now a formidable union force. But we can't rely on a single court ruling or on institutions to do the right thing. We will relentlessly organise, campaign & fight on the streets, in the courts, in the lobbies but most of all in the workplace. END
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