Uber Loses UK Appeal Against Ruling Giving Workers Rights, and We Should Pay Attention
When you work with an experienced workers’ compensation attorney at Silverman, McDonald & Friedman, you can rest assured you have strong representation. We bring workers’ comp claims on behalf of clients in Seaford, Wilmington, Newark and all throughout the state. Please contact our firm to find out more information.
In October 2016, transportation technology firm Uber lost a landmark case after an employment tribunal in the United Kingdom ruled that a group of workers were not self-employed, but in fact employees of Uber, and therefore entitled to certain benefits, like minimum wage and holiday pay. Uber appealed this decision, and nearly one year later in mid-November 2017, their appeal was denied.
Analysts call this case “landmark” for several reasons. First, it directly addresses today’s “gig” economy, where workers are self-employed and ostensibly only work for the app that relies on them. A company such as Uber positions itself simply as a matchmaker between the worker and the customer, and not an employer. However, the ruling asserts that the claimants in the case were indeed workers because Uber controlled much of their work, like setting prices and assigning customers. And, although this particular case only involved two claimants, the ruling and subsequent denial of appeal could open the door for more cases, or even a class-action lawsuit against the company. Uber plans to bring an appeal to the UK’s supreme court.
Second, this case can have effects on the other side of the Atlantic. Although this ruling came down in the UK, it is certainly possible it could be used as a basis for workers’ compensation and other workers’ rights cases here in the United States. Uber has faced similar challenges in the U.S., but contracts stipulate that workers must seek arbitration rather than go to court. American courts are currently debating whether or not Uber drivers can take part in a class-action lawsuit over their employment status. Just this past June, a New York court ruled that three former drivers were employees and not independent contractors, and ordered Uber pay them unemployment insurance.
As you can see, the employment status of Uber, and other ride sharing app drivers, is currently in turmoil. If you are injured on the job, who will take care of you financially? You are entitled to feel protected on the job.
The Delaware workers’ compensation lawyers of Silverman, McDonald & Friedman have experience helping our clients obtain the maximum amount of benefits available to them under the law. We employ a team of reputable lawyers in Wilmington, Newark and Seaford who will fight for you. Let us arrange a free consultation to discuss your case. You can reach us by calling 302-888-2900 or filling out our contact form.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.