Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Needed

[Uber101]

Hello

With Uber now liable to pay 40,000 drivers in UK holiday pay and pension pay etc, thousands of drivers will be seeking advice on how to send Uber a letter asking for their money and when Uber refuse, the drivers will need template county court claim forms so that they can claim at moneyclaim online or for those not so tech savvy the drivers could use paper county court claim forms.

As drivers maybe entitled to 5 figure amounts i think it would be a great idea to start a sticky thread to assist the Uber and Addison Lee etc PH Drivers to claim what the judges said they were entitled to at last Fridays court case brought by GMB Union.

Some solicitors maybe would also offer no win no fee service to represent the 40,000 drivers?

http://www.dailymail.co.uk/news/arti...d-holiday.html

https://www.newscientist.com/article...s-are-workers/

https://www.theguardian.com/technolo...mployed-status

https://www.bloomberg.com/news/artic...-law-firm-says

[seduraed]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

The union should try to recruit a many as possible and launch an action itself. The more people in unions the better.

[wales01man]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Uber will appeal not over yet if the appeal is lost opens the floodgates for many other workers

[Stevieb]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Hi, curious my daughter was sexually attacked by an uber driver which is going through criminal court at the moment if Uber are now in an employee/employer relationship does this mean there are grounds for some kind of damages for failing to take appropriate checks on their employees etc

[Uber101]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

GMB Union now issued claim for drivers pay etc against Addison Lee so they could get 5 and half weeks holiday pay per year plus x number of years plus 8% interest. Some drivers worked there many years and some issuing moneyclaim online now to see what judge says at trial.

Any Uber drivers that want to claim must contact a solicitor to start the claim as the Leigh Day Solicitor claim was won on behalf of 19 drivers.

[Stevieb]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Thanks for this response but would prefer it if he got nothing

Steve

With Uber now liable to pay 40,000 drivers in UK holiday pay and pension pay etc, thousands of drivers will be seeking advice on how to send Uber a letter asking for their money and when Uber refuse, the drivers will need template county court claim forms so that they can claim at moneyclaim online or for those not so tech savvy the drivers could use paper county court claim forms.

As drivers maybe entitled to 5 figure amounts i think it would be a great idea to start a sticky thread to assist the Uber and Addison Lee etc PH Drivers to claim what the judges said they were entitled to at last Fridays court case brought by GMB Union.

Some solicitors maybe would also offer no win no fee service to represent the 40,000 drivers?

http://www.dailymail.co.uk/news/arti...d-holiday.html

https://www.newscientist.com/article...s-are-workers/

https://www.theguardian.com/technolo...mployed-status

https://www.bloomberg.com/news/artic...-law-firm-says[/QUOTE]

[Uber101]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Looking at the court papers it says judge awarded Uber drivers £9.75 per hour for time logged on.

60 hours x £9.75 = £585

If drivers net pay from Uber ect was only £200 the difference is £385 per week

If driver with Uber/Addison Lee/LH etc for say 150 weeks then 150 weeks x £385 = £57,580 to be reclaimed by driver

+ 3 years holiday pay x 5.5 weeks = 20.5 weeks hol pay x £585 =£11,995

£69.572 to claim plus interest at 8% stat interest

Drivers Cost/Net Pay Breakdown

Logged On 60 hours typically sitting unpaid for many hours

60 hours earnings £800

less £250 car rent
less £200 commission to Uber etc
less £150 petrol, note many dead miles back from job so travel to say watford and drive back to london empty unpaid

net earnings £200 per week slave labour, no hol pay, no sickness pay ( still got to pay car rental after signing 5 year rental deal etc), no pension

nice claims for claims management company to do on no win no fee if the drivers do not want to do the moneyclaim online themselves

leigh day solicitors looking to make claims on behalf of drivers , contact them

good luck o all drivers now making substantial claims against slave wage companies like uber, addison lee , glh etc.

[charitynjw]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

This is not a precedent, it is only a tribunal decision. Uber are appealing it also.

There are far more binding cases to rely on than the Uber case. You really need to look at Employment tribunal appeals and even Supreme Court decisions.

Employment Tribunals have a wealth of precedent rulings to call on in deciding whether the true relationship is one of contract of service or whether it is a contract for services.
Among other things, they normally look behind the labels (ie self-employed) to determine how free the individual is to accept or refuse work, & whether the person can send someone else in his/her place.
In today's so-called 'gig' economy, this is becoming more & more important

[charitynjw]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Who told you that?
Tamara Lewis (sort of).

An employment tribunal has no binding effect, in much the same way that county court decisions don't.
Err....I never said they did!

The precedents are set, as I stated previously, in ETAs (employment tribunals appeals) or higher court (Supreme court) decisions.
Yep.

You are correct that tribunals look for mutuality and substitution but the decision that is arrived at is not precedent.
As stated, I never said they were.

####

[charitynjw]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Apologies-I misread the first sentence of your post.

:okay:

No problems, Busyboddy.

[Uber101]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Thanks for reply any links that i can pass on to the drivers please?

- - - Updated - - -

Thanks for reply have passed on the info to drivers unions

[charitynjw]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

O'Kelly v Trusthouse Forte [1983]
Carmichael v National Power plc [2000]
Protectacoat Firthglow ltd v Szilagyi [2009]

[Uber101]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

many thanks will help drivers get their money. will post up sample claim form soon

[Uber101]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Here is Judges ruling on Uber cse they lost https://www.judiciary.gov.uk/wp-cont...s-20161028.pdf

I will post county court claim forms soon for advice on wording to use, any advice grateful for and will pass onto drivers, some unpaid by Uber some late paid some deductions from their slave wages without their consent

[Uber101]

Re: Uber Ruling October 28th 2016 Holiday Pay, Pension Rights New Sticky Thread Neede

Hi All

Sample claim particulars v Uber.

Unpaid earnings due from Uber 26 weeks shortfall from £575 per week as quoted in Judges ruling Oct 28th 2016 in Mr Y Aslam, Mr J Farrar and others v Uber . case no. 2202550/2015 & other

Total shortfall £5,830. ( logged on for 60 hours but not provided with paid work by Uber so not achieved the £575 per week net earnings, some weeks only £240, some 280...), so difference between these weekly amounts and £575 per week = £5,830 over 26 weeks worked.

2.75 weeks paid holidays owed by Uber £1,581.75, see above court case ruling by Judges regarding holiday pay and other court cases quoted by the judges in their ruling Oct 28th 2016.

Total owed £7,411.75 plus statutory interest at 8% per day

Any advice what to add very grateful for before I issue moneyclaim online and advise other drivers of correct wording