Uber loses appeal over landmark workers' rights decision

Uber immediately said it would appeal against Friday's decision by the Employment Appeal Tribunal (EAT) in central London.

A photo illustration shows the Uber app on a mobile telephone, as it is held up for a posed photograph in central London, Britain on September 22, 2017.
Reuters

A photo illustration shows the Uber app on a mobile telephone, as it is held up for a posed photograph in central London, Britain on September 22, 2017.

Taxi app Uber lost a bid on Friday to overturn a decision by a tribunal which had said its drivers deserved workers’ rights such as the minimum wage, in a blow to the company as it also battles to keep its licence in London.

Uber immediately said it would appeal against Friday's decision by the Employment Appeal Tribunal (EAT) in central London.

The US ride-hailing service has faced regulatory and legal setbacks around the world amid opposition from traditional taxi services and concern among some regulators. It has been forced to quit several countries, such as Denmark and Hungary.

Worker's right 

Last year, two drivers successfully argued at a British employment tribunal that Uber exerted significant control over them to provide an on-demand taxi service and should grant them workers' rights such as holiday entitlement and rest breaks.

That decision did not automatically apply to the app's 50,000 drivers in Britain but was seen as likely to prompt more claims.

It could benefit workers at thousands of companies including firms in the "gig economy", where individuals work for multiple employers without a fixed contract, such as courier Deliveroo.

Uber says its drivers enjoy the flexibility of their work and are self-employed, entitling them in British law to only basic entitlements such as health and safety.

The firm argued in September that its drivers operate in the same way as minicabs, or private hire vehicles, which sprung up in Britain more than 50 years ago.

Appeal against decision 

On Friday it confirmed it would appeal against the latest decision. A spokesman said the company had 14 days to submit its application and decide whether to apply to take the case to the Supreme Court, Britain's top judicial body.

"Over the last year we have made a number of changes to our app to give drivers even more control," said Uber UK’s Acting General Manager Tom Elvidge in a statement. "The main reason why drivers use Uber is because they value the freedom to choose if, when and where they drive and so we intend to appeal."

The GMB union, which represents some of the drivers, said Friday's verdict was a "landmark victory" for workers' rights.

"Uber must now face up to its responsibilities and give its workers the rights to which they are entitled," said GMB legal director Maria Ludkin.

Uber, which is valued at around $70 billion with backers including Goldman Sachs and BlackRock, will be back in court on Dec. 11 to appeal a decision by London's transport regulator to strip the app of its licence.

Transport for London shocked Uber in September by deeming it unfit to run a taxi service and refusing to renew its licence, citing the firm's approach to reporting serious criminal offences and background checks on drivers.

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