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On what basis? “92. ... The drivers provide the skilled labour through which the organisation delivers its services and earns its profits. We base our assessme

On what basis? “92. ... The drivers provide the skilled labour through which the organisation delivers its services and earns its profits. We base our assessment ... in particular on the following considerations. (1) The contradiction in the Rider Terms between the fact that ULL purports to be the drivers’ agent and its assertion of “sole and absolute discretion” to accept or decline bookings. (2) The fact that Uber interviews and recruits drivers. (3) The fact that Uber controls the key information (in particular the passenger’s surname, contact details and intended destination) and excludes the driver from it. (4) The fact that Uber requires drivers to accept trips and/or not to cancel trips, and enforces the requirement by logging off drivers who breach those requirements. (5) The fact that Uber sets the (default) route and the driver departs from it at his peril. (6) The fact that UBV fixes the fare and the driver cannot agree a higher sum with the passenger. (The supposed freedom to agree a lower fare is obviously nugatory.) (7) The fact that Uber imposes numerous conditions on drivers (such as the limited choice of acceptable vehicles), instructs drivers as to how to do their work and, in numerous ways, controls them in the performance of their duties. (8) The fact that Uber subjects drivers through the rating system to what amounts to a performance management/disciplinary procedure. (9) The fact that Uber determines issues about rebates, sometimes without even involving the driver whose remuneration is liable to be affected. (10) The guaranteed earnings scheme (albeit now discontinued). (11) The fact that Uber accepts the risk of loss which, if the drivers were genuinely in business on their own account, would fall upon them. (12) The fact that Uber handles complaints by passengers, including complaints about the driver. (13) The fact that Uber reserves the power to amend the drivers’ terms unilaterally.”

tom_mellior 9y ago
Is that from the current ruling that is the topic of this article? Do you have a link?
- doctor_fact 9y ago
  The judgement. https://assets.publishing.service.gov.uk/media/5a046b06e5274a0ee5a1f171/Uber_B.V._and_Others_v_Mr_Y_Aslam_and_Others_UKEAT_0056_17_DA.pdf https://assets.publishing.service.gov.uk/media/5a046b06e5274...
SyneRyder 9y ago
Wow. If this ruling holds, it could also suggest that App Store developers are employees of Apple / Google in the UK. Several of those points apply just as much there, just replace driver with 'developer' and passenger with 'customer': * "controls the key information (in particular the passenger’s surname, contact details and intended destination) and excludes the driver from it" * "determines issues about rebates, sometimes without even involving the driver whose remuneration is liable to be affected" * "handles complaints by passengers, including complaints about the driver" * "subjects drivers through the rating system to what amounts to a performance management/disciplinary procedure"
- kitd 9y ago
  The difference is that apps are in competition with each other and the app store is more like a marketplace for developers. There is no physical interaction between developer and buyer. Uber could never call itself a "marketplace" for drivers. It operates much more like a driver agency. Edit: there are genuine online booking agencies for drivers in London, like http://www.kabbee.com http://www.kabbee.com, which act as a front-end for independent minicab drivers. I think this is much more that way it should operate if the drivers weren't employees, as Uber argues.
  - beojan 9y ago
    It looks like Kabbee is a front-end for minicab firms, not drivers.
  - Natsu 9y ago
    Drivers are in competition with one another in a way, though, in that any given passenger can only ride with one of them at any given time.
    - grouchoboy 9y ago
      But they can not decide the price of their service. I think this is a great difference.
- 9y ago

tom_mellior 9y ago

Is that from the current ruling that is the topic of this article? Do you have a link?

doctor_fact 9y ago
The judgement. https://assets.publishing.service.gov.uk/media/5a046b06e5274a0ee5a1f171/Uber_B.V._and_Others_v_Mr_Y_Aslam_and_Others_UKEAT_0056_17_DA.pdf https://assets.publishing.service.gov.uk/media/5a046b06e5274...

SyneRyder 9y ago

Wow. If this ruling holds, it could also suggest that App Store developers are employees of Apple / Google in the UK. Several of those points apply just as much there, just replace driver with 'developer' and passenger with 'customer': * "controls the key information (in particular the passenger’s surname, contact details and intended destination) and excludes the driver from it" * "determines issues about rebates, sometimes without even involving the driver whose remuneration is liable to be affected" * "handles complaints by passengers, including complaints about the driver" * "subjects drivers through the rating system to what amounts to a performance management/disciplinary procedure"

kitd 9y ago
The difference is that apps are in competition with each other and the app store is more like a marketplace for developers. There is no physical interaction between developer and buyer. Uber could never call itself a "marketplace" for drivers. It operates much more like a driver agency. Edit: there are genuine online booking agencies for drivers in London, like http://www.kabbee.com http://www.kabbee.com, which act as a front-end for independent minicab drivers. I think this is much more that way it should operate if the drivers weren't employees, as Uber argues.
- beojan 9y ago
  It looks like Kabbee is a front-end for minicab firms, not drivers.
- Natsu 9y ago
  Drivers are in competition with one another in a way, though, in that any given passenger can only ride with one of them at any given time.
  - grouchoboy 9y ago
    But they can not decide the price of their service. I think this is a great difference.
9y ago