ADCU: Mayor must force Uber to comply with workers' rights ruling as condition of renewed licence

Private Hire Vehicle (PHV) driver representatives are demanding Sadiq Khan force Uber to comply with Supreme Court worker rights ruling as a condition of imminent licence renewal decision.

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

The Union say the ride-hailing operator 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. A new 5 day hearing scheduled at the Employment Tribunal in June this year is scheduled to decide working time for Uber drivers.

The ADCU also argue that Uber uses an ‘unrealistic’ 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 are charging a fuel surcharge on fares in the US and but has so far chosen not to in the UK despite drivers being 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."