Employment Tribunal Rules That Uber Drivers Are Employees

HardOCP News

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Uber better hurry the hell up with its autonomous self-driving fleet of cars before they end up having to treat all their drivers as employees instead of independent contractors.

The case concerned two individual Uber drivers, but the general union GMB actually brought the case to the tribunal. “This is a monumental victory that will have a hugely positive impact on drivers… and for thousands more in other industries where bogus self-employment is rife,” the union’s legal director said in a statement.
 
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sfsuphysics

I don't get it
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Jan 14, 2007
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Had to look at the article to find out where this was because my first thought was "Who the fuck has an 'Employment Tribunal' are we in the 4th century?" oh the UK, that explains things.
 

-=SOF=-WID99

Limp Gawd
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Nov 30, 2015
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222
umm thats the UK ..not the USA and the right to work states here in the USA

remember they were banned in some pa cities ..like philly ..till they could TAX them
 

Uvaman2

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Had to look at the article to find out where this was because my first thought was "Who the fuck has an 'Employment Tribunal' are we in the 4th century?" oh the UK, that explains things.
Yeah, I know that retarded third-world country the UK.. what the fuck do they know about anything.
 

dgz

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I just want to know what's that thing on the roof
 
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There's a general standard for a contractor in every country. That person has to be self employed in their own business in that they have more than one customer and clearly spread their work among them. When you are a single employee company that only has one customer you are an employee of your "customer" and both you and your employer are falsifying your status to avoid benefits, health care status, employment insurance status, and payroll taxes. Every first world nation has the same basic set of criteria save for a few regions in a couple of those countries where politicians take payments from companies and supply the service of voiding legally binding contracts and ignoring legal transgressions for companies that are large enough to afford such premium political services.
 

Tsumi

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If Uber drivers are employees, that means Uber will essentially be a taxi service with the exception being that drivers use their own cars, and will have to be subject to the same laws and regulations taxi companies have.

It should be recognized that Uber is providing a marketplace, and that marketplace is for the selling of ride services. Uber regulates that marketplace, and in return, they take a cut. If drivers feel the rates are too low, just refuse to drive at that rate. A lot of people are unable to accurately calculate the costs of driving those miles, but IMO that is on them, not Uber. If you want the costs calculated for you and a car provided, go work for a taxi or limo company.
 

Cmdrmonkey

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Jul 19, 2004
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Legit independent contractors are really rare. The majority of 1099 contractors are employees who are getting shafted by their employers. They get screwed out of benefits and left with a huge tax bill that their employer should be paying.

If the IRS did it's job properly, you'd see a lot of employers who pull the 1099 misclassification scam on their employees getting taken to court for tax fraud.
 

Xerack

Gawd
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Jan 24, 2006
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597
Okay, so Steve....was that you that photo shopped the Terminator into the drivers seat? ;)
 

MV75

[H]ard|Gawd
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Nov 13, 2007
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They didn't quite get their self driving fleet before they were found out. lol.
 

SvenBent

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Had to look at the article to find out where this was because my first thought was "Who the fuck has an 'Employment Tribunal' are we in the 4th century?" oh the UK, that explains things.
Because USA is so modern...

- Check and faxes are still a thing.
- I still cant pay everything online. (Had to go to the office of the fraeking water supplier with a void check)
- Government still working with physical papers.
- Chip card still in integration process when 1st world countries are already going away from cards at all.

Stones and glasshouse and everything...
 

pxc

Extremely [H]
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Uber wants it both ways: control over how tasks are done like an employer, but no employer obligations. A workforce of bona fide (sub)contractor drivers is possible, but it's far from the service Uber offers.
 

Mohonri

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Uber wants it both ways: control over how tasks are done like an employer, but no employer obligations. A workforce of bona fide (sub)contractor drivers is possible, but it's far from the service Uber offers.
My understanding of contractors (at least in the US) goes like this: in order to qualify, the employer can't specify the hours where the contractor works, nor can they make the contractor work in a specific location. And they can't be contractors for more than a certain period of time.
 

pxc

Extremely [H]
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In the US it doesn't have as much to do with where they work, or for how long, but the specific control an employer has over a "contractor". This is the IRS test for an independent contractor: Independent Contractor (Self-Employed) or Employee?

This is why Uber has problems in the US and other venues:

Common Law Rules
Facts that provide evidence of the degree of control and independence fall into three categories:

  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
Uber has problems with tests 1 and 2.
 

InorganicMatter

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There's a general standard for a contractor in every country. That person has to be self employed in their own business in that they have more than one customer and clearly spread their work among them. When you are a single employee company that only has one customer you are an employee of your "customer" and both you and your employer are falsifying your status to avoid benefits, health care status, employment insurance status, and payroll taxes. Every first world nation has the same basic set of criteria save for a few regions in a couple of those countries where politicians take payments from companies and supply the service of voiding legally binding contracts and ignoring legal transgressions for companies that are large enough to afford such premium political services.
Employee v. independent contractor is a rigorous test courts apply that looks at several objective factors. It's not a subjective "we think you're gaming the system" smell test.
 
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