UBERK Tribunal

Judgment over whether taxi app is acting unlawfully by not offering holiday and sick pay could be delivered on Wednesday

Tens of thousands of Uber drivers in the UK could qualify for holiday and sick pay when an employment tribunal reconvenes in London on Wednesday, in what has been heralded as the employment law case of the year.

In July lawyers representing 19 drivers contested their status as self-employed workers. They argued that the drivers’ employment terms and conditions meant they were not technically self-employed and should therefore be entitled to a range of benefits such as pension contributions as well as holiday and sick pay.

Uber’s main UK business paid only £411,000 in tax last year

The case is emblematic of the growth of the gig economy, where companies use self-employed contractors rather than employees.

Uber has about 30,000 drivers in the capital and has expanded to several other UK cities. It says it is not a transport company but a tech firm that provides an app that links drivers to customers. Lawyers for the drivers claim they are not self-employed because they are rated by customers and do not know drop-off destinations before the customer gets in the car. The case is being supported by the GMB union.

In a witness statement, one driver said in one month his net earnings were £5.03 an hour, and would have been £3.70 an hour if not for Uber’s “surge” pricing – higher charges imposed when demand is high.

Uber claimed that, based on the total number of hours logged into the app, the driver had been paid £13.77 on an average hourly basis. The judgment from the employment tribunal may be delivered on Wednesday or in the coming weeks.

Uber drivers can’t resolve issues through class-action lawsuit, US court rules

The Guardian asked Uber drivers for details about their experiences working with the company. None of the UK drivers contacted said they earned more than the national living wage and some said they earned less when Uber’s deductions and running costs were taken into account.

Uber drivers have 20-25% of their income deducted as commission each week. That proportion can increase if any additional deductions are made, such as a refund after a passenger complaint.

One Uber driver, from Croydon, said he had used the company to pick up fares for more than a year and that working with the company had mostly been a good experience.

However, he said Uber could do more to ensure its drivers were paid a decent wage: “The positive side for me is the flexibility. But on the negative side, the fares are pitched too low. By the time you take out your expenses and the car you use to carry out the work, you’re looking at probably below the national living wage.”


He earns an hourly average of £12-£17 before costs and deductions, including the the 20% commission taken from his earnings by Uber.

Another Uber driver, in Leeds, explained that he uses the ride-sharing app as a part-time job to supplement his income. He has 80-100 customers a week and says the security in being paid and knowing who he is picking up is why he uses the service.

However, he also says his earnings are often less than the national living wage. “To be honest, it’s the minimum wage, maybe £7 to £7.20 after you take all your expenses. Sometimes it’s even less than the minimum wage because it is quite expensive with the insurance and everything,” he said.

According to Uber, its UberX drivers earn well above the national living wage, with the average reported income at £16 per hour after the company deducts its commission.

https://goo.gl/FxO0hE

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LIVERPOOL

A taxi driver who picked up a man accused of killing Lewis Dunne said he seemed “completely normal” after the murder.

Jake Culshaw, 25; John Martin, also 25 and his brother Paul Martin, 20, are on trial at Liverpool Crown Court after denying the murder of 16-year-old Lewis, who was killed by a shotgun blast by the Leeds- Liverpool canal in Eldonian Village, at around 10.36pm on November 15 last year.

Daniel Lovell, a driver for Bootle-based Delta taxis and a long-term friend of Paul Martin, picked up the three defendants shortly after 12.30am on November 16.

The court heard that Mr Lovell had been arrested on suspicion of assisting an offender on March 2 this year, and had been accused of being a “getaway driver” for the men.

But he gave evidence as a witness today after police decided to take no further action against him.

Joel Bennathan, QC, representing the younger Martin, asked: “On the 15th of November, the way Paul was calling you and the way he was behaving was just another day, is that fair?” Mr Lovell replied that it was.

Mr Bennathan pointed out that data from his taxi showed Mr Lovell had accepted other jobs, shortly after receiving calls from Paul Martin, before eventually picking up the men about 12.20am.

He said: “If your good friend Paul had been saying mate I’m desperate, you would not have done a couple of jobs, you would have gone to get him?”


'Innocent' Lewis Dunne shot dead after killers 'mistook him for rival gang member'
Mr Lovell agreed and said that Paul Martin seemed “completely normal” after the time of the shooting.

The court also heard a statement from the Lewis’s mum, Gemma Whitfield, who spent the evening of November 15 eating Chinese food and watching I’m a Celebrity, Get me out of Here with Lewis and his sisters, Ashley and Yasmin.

She said Lewis left the house shortly after 10pm and said he would be 20 minutes.

Lewis Dunne, 16, who died after being shot on a canal towpath in Vauxhall
But she described Yasmin receiving a call from her boyfriend, John Patrick, stating that something had happened to Lewis.

Ms Whitfield said: “We arrived at the hospital and a nurse took me into a side room. She said they were working on Lewis and had managed to get his heart going again. However they came back a few minutes later and said he had passed away.”

Man accused of shooting Lewis Dunne seen 'crying in fear' after gang attack, jury hears
A statement from Josh Blake said he had agreed to lend Lewis a bicycle and was waiting for him with two friends by the side of the canal when they “heard a bang,” which they thought “nothing of”.

Josh later told police: “At around 11pm I called Lewis’ phone and a man answered, he said he’s unconscious on the canal path.”

The group made their way further down the canal towpath and found a man performing CPR on Lewis, who had been shot in the back.

Earlier in the trial, Ian Unsworth QC, prosecuting, told the jury that Lewis had been in the “wrong place at the wrong time” when he was killed.

He suggested the three defendants were “intent on revenge” after a series of violent clashes with a rival gang earlier in the day, but mistakenly shot Lewis instead.

Culshaw, of no fixed address but formerly of Birkenhead, says he was at the scene with the Martin brothers when Lewis was killed but claims John Martin pulled the trigger.

The Martin brothers, both of Ince Avenue in Anfield, deny being at the scene.

http://www.liverpoolecho.co.uk/news/liverpool-news/taxi-driver-says-man-accused-12009577

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Two new taxi ranks could be coming to Gloucester in a bid to improve links between the city centre and the Docks.

As well as improving travel, the move is hoped to reduce noise and disturbance in the increasingly popular dockside area.

The city council is working with Gloucestershire County Council to put the applications in place for ranks at Southgate Street, near Kimbrose Triangle, as well as at Llanthony Road in the docks.

The supervisor at pub Tank, Scott Baylis, said it would be a good idea.


"It would be very convenient for customers from all around here because the nearest rank is in the town centre," he said.

"This is becoming more important because more and more people are visiting this area.

"It's not a big issue at the moment as taxis drop people off on this road quite often but it would be good if they had a specific area they could wait."

A date has yet to be set for the ranks to be put in place, with a trial likely to come first as traffic regulations often take a long time to put in place.

And, after a meeting of Nightsafe, a group that looks to promote the night time economy in Gloucester, the plans are being given top priority.

Councillor Jennie Watkins, cabinet member for communities and neighbourhoods at Gloucester City Council, said they have been told customers want more options.

"People have told us they want more choice on how they can leave the quays after enjoying a night out," she said.

"We're making it a priority to consider locations where new taxi ranks could be installed.

"One is at Llanthony Road and another is at Southgate Street near Kimbrose Way.

https://goo.gl/68c81Z

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BALLYMENA

A 34-year-old man who threatened to subject a taxi dispatcher to an ISIS style beheading on Christmas Day has been jailed for 14 months.

Michael Coyle, whose address was given on court papers as Simon Community, Ballymena, pleaded guilty to common assault, witness intimidation, threat to kill and possession of a knife.

 The offences were committed between December 25, last year and January 20. Derry Crown Court heard the injured party was working as a dispatcher for Nippy Taxi’s on Christmas Day. 

Coyle came into the office as it was closing and he was asked to leave. The defendant became aggressive and became shouting at the dispatcher, who mentioned phoning the police. Coyle called him a ‘police lover’ before producing a knife with a 20-centimetre blade. He told the injured party: “I will slice you. I’m just like ISIS. I will behead you.”

 The court heard the defendant also pulled a spanner from his pocket and threatened to use it to beat the dispatcher. A taxi driver arrived at the officer and persuaded Coyle to leave. He was arrested and claimed he had no memory of the incident because he had consumed 15 cans of beer.

 Coyle was released on police bail with a condition prohibiting him from contacting the injured party. However, the court heard he phoned the taxi office two days later and asked if the dispatcher would retract his statement. The dispatcher hung up and Coyle rang back. During this call he said he would not get the dispatcher in work because it would be a breach of bail, but would wait for him outside.

 On January 20, the defendant rang the taxi office again and asked for the ‘police informers’. He then said: “do you know what happens to police informers?” The 34-year-old also threatened ‘if I go to jail I am going to go out and slice this boy up. I’m going to go after him and his wee ones’. 

The court was told the injured party was ‘terrified’ as a result of the threats. Defence counsel Nicola Coulter said her client could not offer any ‘sensible or rational explanation for his behaviour’. She said Coyle’s actions were not pre-meditated and he had no ill feeling toward the injured party. The barrister added the 34-year-old had ‘no intention to cause any harm to the injured party’ and accepts the ‘things he did and said were complete madness’.

 Jailing Coyle, Judge Gemma Loughran said he had ‘made Christmas and the start of this year a very unhappy and worrying time for the injured party’. She said this man was provided a public service to people over the Christmas period and the ‘courts must protect members of staff who provide these services to the public’.

https://goo.gl/JGUo7F

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PLYMOUTH


A double amputee says he was left "feeling vulnerable" after being abandoned on the side of the road – three times.

John Thorner, 58, was visiting Plymouth for a friend's wedding and was expecting to have a stress-free weekend away.

But instead Mr Thorner, who uses a power wheelchair, was "appalled" at the city's taxi provision for disabled people.

He tried getting a taxi on three separate occasions during his weekend in the city – and was let down each time.

Now the former delivery driver, who had both his legs amputated after getting an infection in his foot while holidaying in Morocco, is calling for the situation to be improved.

"It's just absolutely shocking," said Mr Thorner, who lives on the Isle of Portland in Dorset. "I was left feeling really vulnerable.

"It makes me feel like I shouldn't be out after a certain time, but should be home in bed not enjoying myself.

"It wasn't a nice feeling."

https://goo.gl/dwLWcw