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GMB SCORES LANDMARK VICTORY FOR UBER WORKERS’ RIGHTS AS EMPLOYMENT APPEAL TRIBUNAL UPHOLDS ORIGINAL RULING

Friday, November 10, 2017

This is a yet more vindication of GMB’s campaign to ensure drivers are given the rights they are entitled to - and that the public, drivers and passengers are kept safe

GMB, the union for professional drivers, has scored a landmark victory for worker’s rights after the Employment Appeal Tribunal today upheld a ruling that Uber drivers should be classified as workers.

In October 2016, the Central London Employment Tribunal ruled in GMB's favour - determining that Uber drivers are not self-employed, but workers entitled to basic workers’ rights including holiday pay, a guaranteed minimum wage and an entitlement to breaks. [1]

GMB brought the claims on behalf of 25 of its members to the Central London Employment Tribunal on 20 July 2016 and it decided that Uber drivers are entitled to receive holiday pay, a guaranteed minimum wage and an entitlement to breaks.

Since then, the number of GMB member claimants has increased to 68.Rather than accept the decision, the £51 billion San-Francisco transport giant has fought tooth and nail to deny drivers the rights to which they are entitled.

But today, the employment appeal tribunal upheld the original decision.

The ruling is the latest blow for Uber after TfL refused to renew their license to operate in London. [3]

Maria Ludkin, GMB legal director, said:

“This landmark decision is a yet more vindication of GMB’s campaign to ensure drivers are given the rights they are entitled to - and that the public, drivers and passengers are kept safe.

“GMB is delighted the EAT made the correct decision to uphold the original employment tribunal ruling.

“Uber must now face up to its responsibilities and give its workers the rights to which they are entitled.

“GMB urges the company not to waste everyone’s time and money dragging their lost cause to the Supreme Court.”

Nigel Mackay, employment solicitor at law firm Leigh Day said:

“We are very pleased that the EAT has rejected Uber’s appeal.

"We have always believed that the Employment Tribunal’s decision from last October was entirely correct in saying that our GMB member clients were entitled to workers’ right such as the minimum wage and holiday pay.

“We now hope that Uber will accept this decision, rather than seeking pursuing appeals, so that we can swiftly return to the Employment Tribunal on behalf of our GMB member clients, for the Tribunal to decide the compensation that they are entitled to.”

ENDS

Contact: Maria Ludkin on 07956 632 657, Justin Bowden on 07710 631351 or GMB press office on 07958 156846 or at press.office@gmb.org.uk

Notes to Editors:

[1] GMB Wins Monumental Victory In Employment Case Against Uber

Friday, October 28, 2016

GMB Wins Monumental Victory In Employment Case Of The Year Against Uber

Read more: http://www.gmb.org.uk/newsroom/GMB-wins-uber-case

[2] GMB Scores Historic Victory as TfL Tells Uber to 'Get Out of London’

Friday, September 22, 2017

Decision follows GMB’s legal victory over Uber, forcing company to defend their record on drivers' employment rights and public safety.

Read more: http://www.gmb.org.uk/newsroom/uber-licence-not-renewed

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