Uber has been accused of utilizing “loaded questions” in a session with drivers, after a landmark court docket ruling handed employees rights to improved circumstances.
The agency could should pay out over £100m in compensation to 10,000 drivers, after the UK supreme court docket dominated final week they’re entitled to vacation pay, an organization pension and the nationwide minimal wage. Uber has beforehand argued that its 60,000 UK drivers are self-employed impartial contractors with restricted employment rights.
A questionnaire, despatched out by way of the Uber drivers’ app following the ruling, provides a restricted alternative of solutions on questions on advantages and versatile working with out mentioning vacation pay or the nationwide minimal wage – each of which the court docket discovered Uber drivers had been entitled to.
Steve Garelick, a regional organiser for the GMB union, mentioned: “These are loaded inquiries to get the reply they want.”
He mentioned the way in which the questions had been posed urged that Uber could possibly be hoping to foyer authorities for a change within the guidelines to go well with their current working practices fairly than altering their practices to suit the principles.
James Farrar, one of many lead claimants within the supreme court docket case and basic secretary of the App Drivers & Couriers Union, mentioned: “The driving force survey is a crude try by Uber to divert consideration away from their obligation to abide by the supreme court docket ruling and instantly implement the statutory protections of employee standing for all their drivers.
“As an alternative, Uber is establishing the cruelly manipulative false alternative between equity and suppleness by loading the survey with bias and main questions.
“Uber ought to deal with the way it can finest rapidly implement the ruling fairly than arrange an alternate set of enhancements based mostly on a set of assumptions derived from a biased survey.”
One questions asks, for instance: “When deciding as to whether to earn on the Uber app which finest describes you?
It provides solely three potential solutions: “I worth the flexibility to work flexibly and decide when and the place I drive”, “I’d worth having the ability to entry new advantages and protections akin to pension contributions, figuring out that this might imply I lose management of when and the place I drive” or “neither/don’t know”.
Nigel Mackay, a associate at regulation agency Leigh Day, is representing greater than 1,000 drivers searching for compensation for missed vacation pay within the wake of the supreme court docket ruling.
He mentioned that the query on flexibility was introduced “as there being a binary alternative between flexibility or advantages (once more, with out even mentioning among the most vital advantages), whereas in actuality it’s not a alternative between the 2. They might keep flexibility for drivers and supply the advantages.”
An Uber spokesperson mentioned: “We’re at the moment learning the small print of the judgment and listening to all energetic drivers to assist us form the way forward for versatile work. We are going to share the conclusions of this course of within the coming weeks.”
A supply near the corporate mentioned it will respect the supreme court docket verdict and had mentioned points akin to vacation pay at roundtable discussions with small teams of drivers this week.
However Mick Rix, nationwide officer of the GMB, mentioned: “They’re main drivers up the backyard path.
“Employee standing doesn’t imply drivers dropping flexibility, it means they may get the authorized rights the courts have dominated they’re entitled to.”
Mackay mentioned people’ opinions on advantages had been irrelevant as the principles had been enshrined in regulation and the analysis seemed to be set out for PR functions.
“For instance, the place they ask drivers what they wish to see extra of, they don’t seek advice from paid vacation/minimal wage. Evidently that is in order that, down the road, they’ll say that drivers aren’t involved in vacation pay or the minimal wage as a result of they carried out analysis and the preferred advantages had been different issues,” Mackay mentioned.