Employment Law

Employment lawyer on U.K Supreme Court Uber ruling

The United Kingdom Supreme Court has ruled in favour of classifying Uber drivers as employees, rather than independent contractors. This news has the potential to forever change how the service operates globally.

Lior Samfiru, a Toronto employment lawyer and co-founding partner at Samfiru Tumarkin LLP joins Global News Radio’s Devon Peacock on 980 CFPL to discuss.

What They Discussed

How did people respond to the U.K Supreme Court’s decision regarding Uber?

Many believe this was not a surprising reaction and was an inevitable decision. The U.K Supreme court decided to classify Uber drivers as employees as Uber has a tremendous amount of control over its drivers and so they cannot be independent contractors.

How big of a difference is the classification of employee vs independent contractor for Uber?

Uber is fighting against this classification globally as employees are permitted a lot more employment rights as independent contractors.

What does Uber’s new contract say about how they view the class-action lawsuit in Ontario?

Uber in Canada was willing to fight up to the Supreme Court of Canada to limit the ability for drivers to fight the Ontario class-action lawsuit.  The modified contract was an attempt to restrict the rights of Uber drivers in participating and delay the inevitable Ontario court decision.

How important is it for the gig economy to differentiate between independent contractors and employees?

When many employment laws were created, the gig economy didn’t exist. Laws now have to adapt to gig workers and companies will have to decide what their ultimate goals are and whether or not they want to remain in complete control.

Is the public on the side of the Uber drivers in their efforts to be seen as employees?

There is a concern from some that the cost of services could increase if Uber drivers are considered employees. However many people understand everyone is entitled to a fair wage and the right to legal protections.

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