Uber appeals worker-rights ruling
U.K. case concerns overtime and holiday pay, and could affect broader gig economy
LONDON— Uber Technologies Inc. said a court ruling that found drivers were employees of the car-sharing service was “perverse,” saying the workers didn’t have contracts and so shouldn’t benefit from pay and vacation policies.
The San Francisco-based company is appealing the October decision by a three-judge tribunal that gave U.K. drivers the right to overtime and holiday pay, threatening how firms treat workers in the country’s burgeoning gig economy.
The case, brought by two drivers, was the first against the company in Britain and could have ramifications for thousands of drivers there.
Uber attorney Dinah Rose said Wednesday that the drivers didn’t have a contract with Uber, which was acting as an agent, not an employer.
In their October decision, the judges criticized Uber for sticking to “faintly ridiculous” arguments that it is an application provider rather than a taxi service.
Uber has faced complaints about working conditions around the globe, and while the U.K. is the company’s largest hub in Europe, it has also been leading the fight against the service.
London’s transport regulator is proposing banning the service from the capital because of concerns about passenger safety, and a 44year-old female driver backed by the GMB union sued for sexual discrimination this week, saying the company doesn’t protect workers.
Uber is “entitled to a fair hearing uninfluenced by external pressure,” Rose said at the start of the appeal. “There are two elephants in this room that need to be acknowledged then politely shown the door,” Rose said citing Transport for London’s licence decision and the wider political debate about the so-called gig economy.
Uber said that almost all taxi and private hire drivers were self-em-
“We know we are going to win, they know we are going to win, but they are doing everything they can to drag it out and buy themselves time to build a monopoly.” JAMES FARRAR CO-CLAIMANT
ployed for decades before it released its app, and said its drivers were able to set their own hours.
“Last year, drivers using our app made average fares of £15 pounds ($20.13 (U.S.)) per hour after our service fee,” the company said. “We’ve recently invested in a number of changes, including discounted illness and injury cover, paid waiting time and the ability to cash out fares at any time.”
James Farrar, co-claimant and chair of the IWGB union’s United Private Hire Drivers branch, said Uber was appealing the case to buy time and market share in the U.K.
“We know we are going to win, they know we are going to win, but they are doing everything they can to drag it out and buy themselves time to build a monopoly,” Farrar said.
The case may have implications for the broader so-called gig economy, where workers use apps to perform jobs but don’t receive the benefits of being an employee.
Judges in the U.K. have demonstrated sympathy for the argument that the workers should receive more protection.
This week, a tribunal said that drivers for the private car company Addison Lee couldn’t be classified as selfemployed. The food-delivery company Deliveroo, valued at more than $2 billion, has also faced complaints from couriers.