has been accused of the usage of “loaded questions” in a session with drivers, after a landmark court docket ruling passed employees rights to progressed stipulations.
The company can have to pay out over £100m in repayment to 10,000 drivers, after theremaining week they’re entitled to vacation pay, an organization pension and the nationwide minimal salary. Uber has in the past argued that its 60,000 UK drivers are self-employed unbiased contractors with restricted employment rights.
A questionnaire, despatched out by the use of thedrivers’ app following the ruling, gives a restricted collection of solutions on questions on advantages and versatile running with out bringing up vacation pay or the nationwide minimal salary – either one of which the court docket discovered drivers had been entitled to.
Steve Garelick, a regional organiser for the GMB union, mentioned: “These are loaded inquiries to get the solution they want.”
He mentioned the way in which the questions had been posed prompt that Uber might be hoping to foyer executive for a metamorphosis within the regulations to fit their current running practices slightly than converting their practices to suit the foundations.
James Farrar, one of the lead claimants within the ideally suited court docket case and normal secretary of the App Drivers & Couriers Union, mentioned: “The motive force survey is a crude strive by way of Uber to divert consideration clear of their legal responsibility to abide by way of the ideally suited court docket ruling and in an instant put in force the statutory protections of employee standing for all their drivers.
“Instead, Uber is putting in place the cruelly manipulative false selection between equity and versatility by way of loading the survey with bias and main questions.
“Uber will have to center of attention on the way it can absolute best temporarily put in force the ruling slightly than arrange another set of enhancements in response to a suite of assumptions derived from a biased survey.”
One questions asks, for instance: “When deciding as to whether to earn at the Uber app which absolute best describes you?
It gives most effective three conceivable solutions: “I worth the power to paintings flexibly and resolve when and the place I force”, “I’d worth having the ability to get admission to new advantages and protections akin to pension contributions, understanding that this may imply I lose keep an eye on of when and the place I force” or “neither/don’t know”.
Nigel Mackay, a spouse at regulation company Leigh Day, is representing greater than 1,000 drivers in quest of repayment for ignored vacation pay within the wake of the ideally suited court docket ruling.
He mentioned that the query on flexibility was once introduced “as there being a binary selection between flexibility or advantages (once more, with out even bringing up one of the maximum necessary advantages), while actually it isn’t a decision between the two. They may handle flexibility for drivers and give you the advantages.”
An Uber spokesperson mentioned: “We are lately learning the main points of the judgment and taking note of all lively drivers to lend a hand us form the way forward for versatile paintings. We will proportion the conclusions of this procedure within the coming weeks.”
A supply just about the corporate mentioned it could admire the ideally suited court docket verdict and had mentioned problems akin to vacation pay at roundtable discussions with small teams of drivers this week.
But Mick Rix, nationwide officer of the GMB, mentioned: “They’re main drivers up the lawn trail.
“Worker standing does now not imply drivers shedding flexibility, it manner they are going to get the criminal rights the courts have dominated they’re entitled to.”
Mackay mentioned people’ reviews on advantages had been inappropriate as the foundations had been enshrined in regulation and the analysis gave the look to be set out for PR functions.
“For instance, the place they ask drivers what they wish to see extra of, they don’t consult with paid vacation/minimal salary. It turns out that that is in order that, down the road, they may be able to say that drivers aren’t curious about vacation pay or the minimal salary as a result of they performed analysis and the most well liked advantages had been different issues,” Mackay mentioned.