ADCU demands Sadiq Khan force Uber to comply with Supreme Court worker rights ruling as condition of imminent license renewal decision

• One year after Supreme Court ruling and Uber continues to violate the law and exploit workers
• Inflation and cost of living crisis has exasperated the problem of Uber driver exploitation
• Union demands the Mayor sets tough worker rights conditions for approval of Uber's application for license renewal due on 27th March 2022.

In an open letter to the Mayor of London (attached), the ADCU is demanding that TfL set tough worker rights conditions on Uber's application for renewal of their license to operate in London which is set to expire on March 27th if not renewed.

Uber has failed to abide by the Supreme Court ruling of February 2021 to pay drivers at least minimum wage and holiday pay from the period of log on to log off. Instead, Uber pays only for the period of dispatch to drop off which effectively means that drivers are paid nothing for about 50% of their working time at Uber. Uber continues to brutally litigate the case against drivers with a new 5 day hearing scheduled at the Employment Tribunal in June this year to decide working time for Uber drivers.

In addition, Uber uses an unrealistically low rate of 45p per mile for reimbursement of operating costs for the purpose of minimum wage calculation. Uber arbitrarily set the rate last year but has failed to adjust it upwards despite a 30% increase in vehicle and fuel costs. Uber is charging a fuel surcharge on fares in the US and elsewhere but has chosen not to in the UK despite workers being particularly badly hit by the cost of living crisis here.

The ADCU is demanding the Mayor set the following conditions:

• Uber must comply with court rulings and respect worker rights including the right to earn the minimum wage and holiday pay for all working time (including waiting time) from log on to log off
• Uber must adopt a realistic driver operating cost reimbursement calculation of 90p per mile for the purposes of minimum wage calculation

James Farrar, ADCU General Secretary and co lead claimant in Uber v Aslam said:

" With a stroke of a pen, Sadiq Khan has the power to end years of hardship and suffering for Uber drivers by now offering Uber the very simple but stark choice of either respecting worker rights and complying with the law in full or immediately exit the London market. Only when Uber is presented with such an ultimatum can we realistically expect them to stop the PR spin get serious about obeying the law. "

Yaseen Aslam, ADCU President and co lead claimant in Uber v Aslam said:

" We've led the fight for worker rights for six years and won the argument in the highest court in the land. Now it is the Mayor's turn to do his bit to ensure the law is enforced and that Uber drivers are treated with dignity and respect at work. Londoners want cheap fares but they expect the Mayor to ensure nobody is exploited in a TfL licensed and regulated trade."

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BACKGROUND:‍

1. UK Supreme Court ruling https://www.supremecourt.uk/cases/uksc-2019-0029.html

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