Uberstrike login1/3/2023 However, because the strike is being endorsed by the union, the business would still not be able to engage agency workers to cover the work usually carried out by striking drivers. This means that, unlike strikes by employees, there is no legal requirement for the strike to be about a trade dispute and there is no requirement to hold a strike ballot, demonstrate majority support for the strike or notify the business in advance. There is no obligation on Uber to provide drivers with work and they can choose whether or not to login to the app as available to work so an Uber driver who goes on strike is not acting breaching their contract. It was found that they are workers, with rights to national minimum/living wage, statutory sick and holiday pay but, crucially, they are not employees. Uber drivers are not in business on their own account, according to the case they have won in the employment tribunal and employment appeal tribunal (Uber has appealed this finding to the Court of Appeal which will hear the case at the end of this month). There is something interesting about the legal status of today’s strike action by Uber drivers. Is one of the innovations of the gig economy the creation of a section of the workforce who can go on strike without risk or consequences?
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