Uber drivers in court over ministers’ failure to help gig workers

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A Uber driver during lockdown in London. Photo: Felix Diemer/DPA/PA Images

The High Court is today hearing a case brought by two Uber drivers and the Independent Workers’ Union of Great Britain (IWGB) over HM Treasury’s failure to protect low paid and precarious workers during the coronavirus pandemic.

It focuses on workers in the gig economy who qualify for the Self-Employed Income Support Scheme (SEISS), rather than the Coronavirus Job Retention Scheme (CJRS) which the claimants argue constitutes “significantly” better income protection. In particular:

There has been “unacceptable delay” as the SEISS was only introduced this month
It excludes workers that became self-employed after 6 April 2019
It excludes those who derive less than half their income from self-employment
It does not cover ongoing overheads that most self-employed workers have
It covers fewer months than the CJRS.

The claimants argued that the current statutory sick pay (SSP) regime discriminates against women, black, Asian and minority ethnic workers and individuals in the gig economy. They will also argued that the exclusion from the CJRS of “limb (b)” workers – the category of self-employment where the worker is entitled to basic employment rights such as holiday pay – is discriminatory.

The IWGB challenged the government’s adherence to the Public Sector Equality Duty. In his argument, Ben Collins QC, described the government’s attempt to carry out an Equality Impact Assessment under the Public Sector Equality Duty as “a box-ticking execise” which – even when acknowledging the “need for speed” under the pressure of the pandemic – was exemplified by documents’ inclusion of pro forma content.

Claimant Ahmad Adiatu, a member of the IWGB, told the press: “I started working as an Uber driver a few years ago thinking it would be enough to provide for me and my family, but now with the outbreak of the Covid-19 pandemic it has become impossible.

“As an Uber driver, costs such as car maintenance, insurance and congestion charge can reach over £1,000 a month. Now I have no money, so can’t even renew my private hire licence. With virtually no income coming in, we’ve been struggling to get by and we are behind on our rent.

“My wife, who is now breastfeeding, has even had to sell her phone in order to buy food for herself and the children. I’ve always worked hard and provided for my family. I just want to be able to continue doing that.”

IWGB general secretary Jason Moyer-Lee explained: “Statutory sick pay has never been more important, for both low paid workers as well as for society more generally, than it is now. So it must be extended to cover more people and set at a rate which actually allows workers to go off sick and follow public health advice.

“Similarly, it is crucial that the shortcomings of the SEISS are fixed so as to avoid further unnecessary destitution. It is unfortunate we have had to litigate to make these points, but this government has left us and our members with no choice.”

According to the TUC at least one in 10 adults work in the gig economy work – around 4.7 million people in the UK.

The Treasury’s legal team presents its case this afternoon.