1 00:00:00,120 --> 00:00:02,760 Speaker 1: Uber has lost a landmark appeal after the Employment Court 2 00:00:02,840 --> 00:00:06,559 Speaker 1: ruled that four Uber drivers should be treated as employees, 3 00:00:06,840 --> 00:00:10,520 Speaker 1: not contractors. Drivers are now set to get holiday pay, 4 00:00:10,800 --> 00:00:13,760 Speaker 1: sick leave, and the right to unionize. The ride share 5 00:00:13,800 --> 00:00:15,840 Speaker 1: company has since announced it and now wants to appeal 6 00:00:15,920 --> 00:00:18,000 Speaker 1: the verdict to the Supreme Court. And Alistair SB is 7 00:00:18,000 --> 00:00:19,960 Speaker 1: an employment lawyer. He's with us this morning, Alistair. 8 00:00:19,960 --> 00:00:21,840 Speaker 2: Good morning, morning mine. 9 00:00:21,840 --> 00:00:25,400 Speaker 1: How are you very well? Thank you? Is this going 10 00:00:25,400 --> 00:00:27,680 Speaker 1: to have ramifications for every other Uber driver? 11 00:00:30,400 --> 00:00:34,000 Speaker 2: In a word, yes, because essentially, although the decision here 12 00:00:34,080 --> 00:00:37,360 Speaker 2: was about just four Uber drivers, they are all effectively 13 00:00:37,440 --> 00:00:41,160 Speaker 2: employees and in the same way under the same model. 14 00:00:42,159 --> 00:00:44,640 Speaker 2: So just about every other Uber driver unless they're on 15 00:00:44,640 --> 00:00:47,479 Speaker 2: a totally different arrangements, and I think that's unlikely, it's 16 00:00:47,520 --> 00:00:50,120 Speaker 2: going to have the same argument that they are an employee. 17 00:00:50,120 --> 00:00:51,279 Speaker 2: I believe that there's. 18 00:00:51,120 --> 00:00:55,400 Speaker 3: A fairly large number of employees or Uber drivers the 19 00:00:55,440 --> 00:00:57,760 Speaker 3: unions representing and who they're trying to bring claims from 20 00:00:57,760 --> 00:00:59,960 Speaker 3: employment entitlements already. 21 00:01:00,040 --> 00:01:03,960 Speaker 1: This is a process that's underway, which means Uber is 22 00:01:04,120 --> 00:01:06,880 Speaker 1: likely to have to stump up, which means for every 23 00:01:07,000 --> 00:01:09,720 Speaker 1: you know, your customers, we're going to be paying more presumably. 24 00:01:11,240 --> 00:01:13,080 Speaker 2: Yeah, well that's for Uber to work through in terms 25 00:01:13,080 --> 00:01:14,920 Speaker 2: of how it passes that cost on not so I 26 00:01:14,920 --> 00:01:17,640 Speaker 2: couldn't really say that, you know, that is one possible outcome. 27 00:01:18,360 --> 00:01:21,560 Speaker 1: Can't they? Aren't they different because they can essentially cheat 28 00:01:21,560 --> 00:01:23,800 Speaker 1: on their employer? You know, I come into work here 29 00:01:24,240 --> 00:01:28,200 Speaker 1: at ZB I'm not also you know, working on another 30 00:01:28,280 --> 00:01:30,960 Speaker 1: radio station doing a bit of side hustle for R 31 00:01:31,080 --> 00:01:34,200 Speaker 1: and Z at the same time. They can use multiple 32 00:01:34,240 --> 00:01:36,000 Speaker 1: apps on their phones, can't they? Does that not make 33 00:01:36,040 --> 00:01:36,520 Speaker 1: them different? 34 00:01:38,520 --> 00:01:40,480 Speaker 2: Yes, that's one of the things that is called of 35 00:01:40,480 --> 00:01:43,520 Speaker 2: peel head to look at in terms of Uber drivers 36 00:01:43,600 --> 00:01:46,319 Speaker 2: are in set employees or contractors as one of the 37 00:01:46,360 --> 00:01:49,320 Speaker 2: parts of your bals to what extends you and your questions? 38 00:01:49,320 --> 00:01:50,600 Speaker 2: I have to look at us to what extend to 39 00:01:50,680 --> 00:01:53,360 Speaker 2: you and business on your own account. And did actually 40 00:01:53,400 --> 00:01:57,279 Speaker 2: specifically look at the issue of are these drivers able 41 00:01:57,360 --> 00:01:59,160 Speaker 2: to sort of, let's just say, be on the w 42 00:01:59,160 --> 00:02:01,880 Speaker 2: app for multiple rietier companies at the same time. And 43 00:02:01,920 --> 00:02:04,680 Speaker 2: while it accepted that in theory they could, they said 44 00:02:04,680 --> 00:02:07,560 Speaker 2: that in reality they're not actually going to be doing that, 45 00:02:07,680 --> 00:02:10,720 Speaker 2: at least based on evidence in front of it, and 46 00:02:10,760 --> 00:02:13,200 Speaker 2: that the drivers will be having to potentially work just 47 00:02:13,320 --> 00:02:15,400 Speaker 2: peoper at one particular time, and if they want to 48 00:02:15,400 --> 00:02:18,520 Speaker 2: then log off and work for someone else, and that's 49 00:02:18,560 --> 00:02:21,639 Speaker 2: their own choice. But that's more akin to what the 50 00:02:21,840 --> 00:02:24,000 Speaker 2: casual employee might be able to do rather than a 51 00:02:24,080 --> 00:02:26,880 Speaker 2: true person who's in business on their own account. 52 00:02:27,560 --> 00:02:29,400 Speaker 1: So yeah, good point, Alie to thank you for that. 53 00:02:29,440 --> 00:02:32,799 Speaker 1: Alis to sp employment lawyer, So I think I think 54 00:02:32,800 --> 00:02:35,280 Speaker 1: be careful what you wish for. Obviously, you want to 55 00:02:35,320 --> 00:02:37,799 Speaker 1: have the conditions, and you want to have the holiday pay, 56 00:02:37,840 --> 00:02:39,680 Speaker 1: and you want to be able to unionize, et cetera. 57 00:02:40,320 --> 00:02:43,040 Speaker 1: But if that pushes the costs back up, and will 58 00:02:43,040 --> 00:02:45,280 Speaker 1: people jump back in cabs For. 59 00:02:45,320 --> 00:02:48,040 Speaker 3: More from news talks, there'd be listen live on air 60 00:02:48,240 --> 00:02:49,120 Speaker 3: or online and 61 00:02:49,320 --> 00:02:51,639 Speaker 2: Keep our shows with you wherever you go with our 62 00:02:51,680 --> 00:02:53,400 Speaker 2: podcasts on IR Radio