[IER] EAT upholds ruling that Uber drivers are 'workers'

Fri Nov 10 17:39:44 GMT 2017

IER News Brief 10/11/17

 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=dee46f703b&e=71131c031b> Follow us on Twitter

news brief

Friday 10th November 2017

  <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/42bef9e9-0080-4d3d-9334-2e260fdb3b8d.gif> 

The appeals court has today upheld last year's decision by the Central London Employment Tribunal that Uber drivers are legally 'workers' <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=ac8b6b0be7&e=71131c031b>  and therefore should receive basic employment rights such as minimum wage, holiday pay and rest breaks.

The firm had appealed the decision despite the original judges' scathing remarks on its business practices. They said: "The notion that Uber in London is a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous," and that the firm's argument that drivers are "self employed" is based on "fictions, twisted language and even brand new terminology".

The growing problem of bogus 'self employment' was one of the key factors that motivated the government to commission the Taylor Review, which was published earlier this year with the main recommendation of changing 'worker' status to 'dependent contractor' status. The IER warns that Taylor's conception of 'dependent contractor' status would weaken the minimum wage for all workers, as people working for companies like Uber would be able to "opt out" of it. See our popular guide to the Taylor Review here <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=ab573a0d90&e=71131c031b> .

Instead, the IER recommends that the three-tier system of employment status in the UK is scrapped in favour of a universal defintion of 'worker', which provides everybody in employment with the full suite of workers' rights from Day One. This would prevent "gig employers" from exploiting their workers' lack of knowledge of their rights and employment status, as well as removing the incentive for employers to undercut 'employees' (who are eligible for all rights) with 'workers' (who are eligible for fewer rights).

This is just one of the proposals put forth in our Manifesto for Labour Law <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=67093502f8&e=71131c031b>  - 25 recommendations for reform, drafted by 15 leading lawyers and academics.

Click here to read more about the Manifesto for Labour Law <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=33702dd828&e=71131c031b>  

Subscribers receive all of our publications free and discount rates on our conferences.  <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=cd6deacbef&e=71131c031b> Subscribe now

 News and comment

 Equality <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/41d5d27b-969b-4b55-bcb8-9a0e910471e3.png> 

	Pay gap has widened for young women, campaigners warn
Today is Equal Pay Day, marking the point in the year when women start working for free compared with men, and campaigners have warned the situation is getting worse.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=7f8a1d33dd&e=71131c031b> > click here to read full story

 Workers' Rights <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/b1c726de-bf3c-454c-9dd0-50d42672c9ff.png> 

	EAT upholds ruling that Uber drivers are 'workers'
The Employment Appeals Tribunal (EAT) has today upheld last year's ruling that Uber drivers are legally classified as 'workers' and are thus eligible for basic workers' rights, including the minimum wage, holiday pay and rest breaks.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=cb50c6ce7f&e=71131c031b> > click here to read full story

 Whistleblowing <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/265ceaa5-0fea-4c6c-935d-65675f965208.png> 

	UK managers most discouraged from whistleblowing, international survey reveals
A survey of 2,500 business managers across the US, Asia and Europe has found that those situated in the UK are the least likely to have been involved in whistleblowing.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=b749db968a&e=71131c031b> > click here to read full story

 Equality <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/41d5d27b-969b-4b55-bcb8-9a0e910471e3.png> 

	1 in 20 new mothers made redundant, new report shows
A new report has revealed that one in every 20 pregnant women or new mothers is made redundant, and many of these job losses are conducted unfairly.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=688d4d60ee&e=71131c031b> > click here to read full story

 Workers' Rights <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/b1c726de-bf3c-454c-9dd0-50d42672c9ff.png> 

	A quarter of workers offered no training, study shows
A quarter of UK workers are offered no on-the-job training outside of a basic starters' induction, a new study by the TUC has revealed.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=8c0a590cb2&e=71131c031b> > click here to read full story

 Low pay <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/c9de063b-cd73-4fc5-8d13-fb67b7e3e040.png> 

	Number stuck on low pay grows, as nearly 1 in 5 paid less than Real Living Wage
Almost one in five workers in the UK are paid less than the Real Living Wage, new research has shown.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=7680548be2&e=71131c031b> > click here to read full story

 FEATURED EVENTS 

 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=bbc3ccc7c2&e=71131c031b> 

Book now for 30 November conference in Liverpool <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=4c01059f3f&e=71131c031b> 

	Book now for 30 November conference in Liverpool <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=f33a83b74a&e=71131c031b> 

At this one-day conference, some of the UK's leading academics, lawyers and campaigners will discuss the threats to employment law posed by Brexit, as well as proposing ideas for how workers' rights can be protected and even improved upon during the negotiations with the EU, as well as in future trade deals.

 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=608c4f6299&e=71131c031b> 

Book now for 06 December conference in London <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=c3d9dc6352&e=71131c031b> 

	Book now for 06 December conference in London <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=23d8df6adc&e=71131c031b> 

Our annual Employment Law Update conferences book up quickly every year so make sure you have saved your seat at our most popular event.

There's a lot of ground to cover this year, with Brexit, the end of tribunal fees, and the Taylor Review marking potential shifts in the employment law landscape. With workers’ rights now a key political issue on the agenda of every major party, we look at current trends, successes, challenges, and proposals for better employment law.

  Events 

 ELDH <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/08d57175-6bda-4696-9706-9f066b609489.jpg> 

	London: European Union, Brexit – the future of workers’ rights
11 November 2017 - 09:30 - 18:30
Unite the Union, London
An event organised by the European Association of Lawyers for Democracy & World Human Rights and Haldane Society of Socialist Lawyers, and supported by the IER, Unite and European Lawyers for Workers.
Speakers include Esther Lynch, John Hendy QC, Lorenzo Fassina, Klaus Lörcher, Dr Sanja Cukut Krilic, Anne Braun, Sergey Saurin, Frances Webber, Alison Harvey, Lionel Crusoé, Karl Kopp, Prof. Andreas Fisahn, Emanuel Leclercq, Dr Marco Inglese and Julian Bild.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=159fa4eb8b&e=71131c031b> > click here to read more and book your place

 Post-Brexit: Liverpool <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/68ee08e0-2be1-44e9-838f-be9fca2f366c.jpg> 

	Liverpool: Post-Brexit Employment Rights and Trade Deals
30 November 2017 - 09:30 - 15:30
Unite the Union, Liverpool
At this one-day conference, some of the UK's leading academics, lawyers and campaigners will discuss the threats to employment law posed by Brexit, as well as proposing ideas for how workers' rights can be protected and even improved upon during the negotiations with the EU, as well as in future trade deals.
Speakers include Hilda Palmer, Professor Keith Ewing, Iain Birrell, Professor John Foster and Dan Kindell.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=f868a1c946&e=71131c031b> > click here to read more and book your place

 ELU: London <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/d3ff5388-d0a5-4cdb-8fd4-c249cf319468.jpg> 

	London: Employment Law Update 2017
06 December 2017 - 09:30 - 16:00
Unite the Union, London
This year has been a landmark one for employment law, with the issue of exploitative working practices reaching public consciousness through repeated scandals at “gig economy” and low-pay employers, prompting political inquiry into reform. At our popular annual employment law update, top lawyers, academics and trade unionists from across the UK meet to discuss the year’s developments in labour law and make proposals for the furthering and protection of workers’ rights.
Speakers include Rebecca Tuck, Betsan Criddle, Stuart Brittenden, Adam Ross, Bruno Gil, Paul Scholey, Jo Seery, John Hendy QC.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=a393510ebf&e=71131c031b> > click here to read more and book your place

  Publications

 CB Europe <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/89596b4b-fb8c-466d-974a-89baa936f609.jpg> 

	The Legacy of Thatcherism in European Labour Relations: The Impact of the Politics of Neo-Liberalism and Austerity on Collective Bargaining in a Fragmenting Europe: £8
By Miguel Martinez Lucio, Aristea Koukiadaki and Isabel Tavora
As the UK prepares to leave the European Union, this analysis – the 11th in our Comparative Notes series – shines a light on the deleterious effect of the nation's deregulatory influence on the bloc.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=06fb4e32fa&e=71131c031b> > click here to read more and purchase

 CB in Social Care <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/f5cd005c-17c2-4c04-bd1f-452d91c64d61.jpg> 

	8 Good Reasons Why Adult Social Care Needs Sectoral Collective Bargaining: £8
By Dr Lydia Hayes
In this booklet, Dr Lydia Hayes sets out the lessons learned from her interdisciplinary research into the social care sector, and builds upon the recommendations made in the Institute of Employment Rights' Manifesto for Labour Law: a comprehensive revision of worker’s rights to propose a sectoral collective bargaining structure for the negotiation of wages and conditions.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=536dd1e57c&e=71131c031b> > out on 23 September - click here to pre-order

 LLH2016 <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/815fda47-e4b4-4148-a3e2-81af67efe0a4.jpg> 

	Labour Law Highlights 2016: £8
Edited by Rebecca Tuck
This year’s Labour Law Highlights is produced against the backdrop of a Brexit vote in the UK and a Trump victory in the USA. It promises to be a bumpy ride ahead!
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=c655286250&e=71131c031b> > click here to read more and purchase

 Health and Safety Time for Change <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/afdba51d-b908-42ab-8241-ddca46df52ce.jpg> 

	Health and Safety at Work Act: Time for Change: £10
By Phil James and David Walters
The world of work is changing. Fast. But the framework of law tasked with protecting the health, safety and well being of workers is now 50 years old and – according to the authors of this report – no longer fit for purpose. The authors put forth proposals for reform
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=e3676527e7&e=71131c031b> > click here to read more and purchase

 EU Developments <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/fb25d1db-2c1e-4d50-8d47-17dc166f146f.jpeg> 

	Access to Justice: Exposing the myths: £6
By Andrew Moretta
In the second of IER’s series of Mythbusters, Andrew Moretta considers the many myths surrounding access to justice, including the narrative surrounding the “red tape” and “burdens on business” ideology, which he believes paved the way for systematic attacks on the tribunal system.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=9947d663d0&e=71131c031b> > click here to read more and purchase

 Kill the Bill <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/3a996d1c-1459-4dfb-81b8-8901488dad8a.jpg> 

	Protect the right to strike: kill the bill: £5
By John Hendy QC & Professor Keith Ewing
Two leading experts on trade union rights – Professor Keith Ewing and John Hendy QC – publish a short but comprehensive overview of the Trade Union Bill and its implications.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=427d788d86&e=71131c031b> > click here to read more and purchase 

 Ballot Thresholds <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/cee8b19e-c2dc-452d-a284-b14209fbf568.jpg> 

	The Conservative Government’s proposed strike ballot thresholds: The challenge to trade unions: from £6
By Professor Ralph Darlington and Dr John Dobson
According to the authors of this timely report, the government is attempting to rush into law ‘the most sweeping and radical tightening of rules on industrial action since the Thatcher era of the 1980’s’. They warn that such proposals could result in ‘the biggest showdown over industrial relations for a generation’ and go on to drill down into one aspect of the government’s proposals – strike ballots.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=9768cf2563&e=71131c031b> > click here to read more and purchase 

 Keithe Ewing <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/6ac2ddd4-6bd6-4c3f-81ad-06fdb882171c.jpg> 

	The mythology of business: from £6
By David Whyte
The ‘myths’ that this publication takes into consideration are the kind of things that politicians now routinely say without thinking. Yet these 10 myths have very little foundation in reality and are rarely, if ever, accompanied with any concrete evidence to support them.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=51ba429809&e=71131c031b> > click here to read more and purchase 

To unsubscribe, please contact sarah at ier.org.uk <mailto:sarah at ier.org.uk?subject=Unsubscribe> . 

Produced by:
Institute of Employment Rights,
4th Floor, Jack Jones House
1 Islington
Liverpool L3 8EG
0151 207 5265
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=961f80f275&e=71131c031b> www.ier.org.uk

  <https://ier.us12.list-manage.com/track/open.php?u=f121e48a8bb6d3101590c12d3&id=26446bbf3a&e=71131c031b> 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://mailman.gn.apc.org/pipermail/ier-elist/attachments/20171110/dee00295/attachment-0001.html>