Uber drivers who are members of the GMB union are taking their company to court over claims it does not provide them with the basic rights normally afforded to employees.
The GMB said law firm Leigh Day would be challenging the company on the grounds that it is in breach of a legal duty to provide them with basic rights on pay, holidays, health and safety and on discipline and grievances.
Uber have rapidly expanded since arriving in the capital, and the company CEO has said they plan to have 42,000 drivers in London by 2016.
The drivers are classified as "partners" instead of employees by Uber, which GMB says enables them to not provide basic employee rights. They want the company to comply with the following employment law principles:
Minimum wage and holiday pay: GMB want Uber to ensure that all drivers are paid the minimum wage and hoilday pay.
Health and safety at work: GMB want the company to ensure drivers take rests and work a maximum number of hours per week.
Discipline and grievances: GMB want Uber to enable their drivers to challenge suspensions or deactivations - as they allege that many drivers are suspended after having made complaints about unlawful treatment - without being given any opportunity to challenge this.
If the challenge is successful, drivers could receive substantial payouts, according to Nigel Mackay at Leigh Day.
Uber not only pays the drivers but it also effectively controls how much passengers are charged and requires drivers to follow particular routes. We believe that it’s clear from the way Uber operates that it owes the same responsibilities towards its drivers as any other employer does to its workers.
An a statement to ITV News London, an Uber spokesman said:
One of the main reasons drivers use Uber is because they love being their own boss.