Uber Ruling October 28th 2016 - Employment Tribunal or County Court Claim Next

[Uber101]

Hello

I would like to make a claim against several private hire companies in London on behalf of myself and other drivers and am looking for advice, after Uber lost their case and 19 drivers won their case me being one of the drivers.

https://www.leighday.co.uk/News/News...-Tribunal-find

https://www.judiciary.gov.uk/wp-cont...s-20161028.pdf

Should i issue county court claim against the other private hire companies ( many drivers will qualify for reduced or no county court fees as their hourly pay is so low) or issue claim in employment tribunal?

Thanks for any advice.

I would prefer to use the Uber case and county court claim action to try and get the money asap as some private hire companies have gone bust (bounce, karhoo etc ) and some big ones insiders say are short of cash.

[Sangie595]

Re: Uber Ruling October 28th 2016 - Employment Tribunal or County Court Claim Next

It may well be the case that county court proceedings (or, indeed, any other proceedings) would fail. The decision made on Uber has no force of law - it is only an employment tribunal ruling, and it therefore has no relevance to any other court proceedings. It's also very likely that Uber will appeal. It would only be at the point of an EAT ruling that case law is formed. So you have nothing upon which to base a claim with precedent. Even with EAT rulings you have to be very careful, because unless the circumstances are exactly the same, the case law may not apply. I would think your chances of a quick resolution might be slim. And without either law (there is none) or case law (there is none) a county court could get into difficulties trying to apply the ruling of an employment tribunal, because they have no jurisdiction.

[Uber101]

Re: Uber Ruling October 28th 2016 - Employment Tribunal or County Court Claim Next

It may well be the case that county court proceedings (or, indeed, any other proceedings) would fail. The decision made on Uber has no force of law - it is only an employment tribunal ruling, and it therefore has no relevance to any other court proceedings. It's also very likely that Uber will appeal. It would only be at the point of an EAT ruling that case law is formed. So you have nothing upon which to base a claim with precedent. Even with EAT rulings you have to be very careful, because unless the circumstances are exactly the same, the case law may not apply. I would think your chances of a quick resolution might be slim. And without either law (there is none) or case law (there is none) a county court could get into difficulties trying to apply the ruling of an employment tribunal, because they have no jurisdiction.

Thanks for reply.

"So you have nothing upon which to base a claim with precedent"

There are plenty of precedents, just look in the Judges Uber ruling for the cases used as precedents.

Thanks

[Sangie595]

Re: Uber Ruling October 28th 2016 - Employment Tribunal or County Court Claim Next

Thanks for reply.

"So you have nothing upon which to base a claim with precedent"

There are plenty of precedents, just look in the Judges Uber ruling for the cases used as precedents.

Thanks

If you already "knew the answer" then why did you ask?


The fact remains that the ruling in this case is that of an employment tribunal and has no force of law. The EAT, or, indeed, another tribunal, may decide entirely differently. And few are going to be willing to rule until either the case comes to the EAT or is out of time to do so. Certainly, a County Court would be foolish to do so since they have no legal basis to do so - what the employment tribunal has decided in this case is not law. This is going to be a long haul, and if you are correct that many of this companies are likely to go under, they will be gone long before any ruling finally emerges.

[Uber101]

Re: Uber Ruling October 28th 2016 - Employment Tribunal or County Court Claim Next

Addison Lee, eCourier etc in employment tribunal New Year. Back pay for thousands of drivers plus holiday pay will cost them millions.
https://www.theguardian.com/money/20...rs-gig-economy

Contact GMB, UPHD, Leigh Day Solicitors for advice to claim your back pay now. Or DIY moneyclaim online and free advice from consumer action group and legalbeagles.
===================
Uber Agrees to Pay $100 Million to Drivers in Historic Class Action Settlement

Judge said not enough Ube rmust pay more, much more to drivers, and when and if Uber go public more money in back pay etc to drivers.

http://uberlawsuit.com/Uber Agrees ...ivers in Historic Class Action Settlement.pdf

UBER DRIVERS
Read here about an important lawsuit brought by Uber drivers to recover the tips they should have received and reimbursement for expenses

http://uberlawsuit.com/

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Uber's Least Favorite Lawyer Strikes Again Marisa Kendall 01/06/2016

http://uberlawsuit.com/The Recorder.pdf

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Uber litigation and the lessons for lawyers

https://www.lawgazette.co.uk/commen...n-and-the-lessons-for-lawyers/5054548.article

The biggest US case is the ongoing class action in California, where Uber drivers are claiming that they are not independent contractors, but employees entitled to be reimbursed for their expenses, such as gas and vehicle maintenance. The drivers also challenge Uber’s practice of telling passengers that the gratuity is included, and so there is no need to tip the drivers

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‘Love the job, hate the way we’re treated’: life on the frontline of UK’s delivery army.

Excel, City Sprint, Addison Lee and eCourier, to an employment tribunal with the support of their union, the Independent Workers Union of Great Britain (IWGB). They want to be classified as workers, which would entitle them to rights such as the minimum wage and holiday pay.