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Uber drivers take legal action against unfair dismissal claims on GDPR grounds Mark Bursa As one legal battle draws to an end for Uber, another is about to begin, after a group of Uber drivers filed a legal case in Amsterdam, claiming that the platform’s algorithm unfairly dismissed them without appeal. According to Dutch news reports, four Uber drivers, three British and one Portuguese, have filed the case at a district court in Amsterdam. The drivers say automated firing is not allowed and according to European law, there must be human intervention before such an important decision is made. Uber is contesting the claims, and said humans had intervened before the drivers’ accounts were deacti-
vated, according to a BBC report. “As part of our regular processes, the drivers in this case were only deactivated after manual reviews by our specialist team,” a spokeswoman said. The case is being filed in the Netherlands, as that is where the ride-sharing company has its European head office and where it keeps its data. The drivers are being represented by Dutch attorney Anton Ekker, who said the case would “test the extent that Article 22 of the EU General Data Protection Regulation (GDPR) can protect individuals from unfair automated decision-making.” Under Article 22, individuals are protected from automated decisions with no human intervention, which
can lead to negative outcomes, such as someone losing their job. In short, drivers have a right to the data gathered about them that contributed to the decision being made. According to the App Drivers and Couriers Union (ADCU) there have been more than 1,000 individual cases since 2018 where drivers have been dismissed from the app without appeal. According to the four drivers’ legal representatives, Uber has never given drivers access to any evidence or data held against them, nor did it allow them to challenge their termination. The case is the first challenge to Uber under GDPR law and could set a precedent for other drivers to build a class action lawsuit against the ride-sharing company.
Shire Leasing launches financial assistance scheme for clean air vehicle upgrades in Bath CAZ Tamworth-based Shire Leasing has been appointed to deliver the UK’s first clean air financial assistance scheme. Bath & North East Somerset Council has chosen the company to provide direct financial aid, in the form of grants and interest-free finance, to local businesses in Bath that may otherwise be adversely affected by the introduction of Bath’s Clean Air Zone (CAZ) on March 15, 2021.The financial assistance scheme is backed by the Government’s Clean Air Fund. Bath will be the first charging CAZ outside London to launch, followed by Birmingham on June 1, 2021. Others
will follow, including ManJulie Henehan, corpochester, which is currently rate development direcrunning a consultation on tor at Shire Leasing, said: “We’re proud to be inits proposed CAZ, and Oxvolved in this innovative ford, which published deinitiative which we believe tails of its strict city centre charge zone this week. to be the first of its kind, Shire Leasing will not and excited at the prosonly support eligible busipect of working with further authorities around nesses with interest-free Julie Henehan the UK in the future to finance to acquire compliant vehicles, but it has also been in- make a difference in tackling emisstrumental in delivering the framework sions.” for the financial assistance scheme, Vehicles that will qualify for an upwhich is now available to other UK grade under the financial assistance councils setting up a charging CAZ. scheme include pre-Euro 6 diesel and
Bucks Council proposes mandatory CCTV and new penalty points system by 2023 Taxi and private hire drivers licensed with Buckinghamshire Council could be required to install CCTV systems in their vehicles by April 2023. In a document attached to the council’s taxi and private hire policy consultation, the licensing authority states: “It is the council’s intention that from April 1, 2023, all licensed vehicles must be fitted with approved CCTV.” It continues: “The council does not, however, currently mandate this requirement and therefore the policy sets out clear guidelines to ensure that CCTV systems in licensed vehicles within the Buckinghamshire
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Council area are used to prevent and detect crime, reduce the fear of crime and enhance the health and safety in private hire vehicles.” Taxi and private hire drivers will also face a new penalty points system to help ensure standards are met within the trade. The document reads: “Penalty points may be awarded to licence holders for failure to comply with the council’s conditions and standards.”
pre-Euro 4 petrol vehicles, including taxis, private hire vehicles, vans and trucks, as well as buses and coaches that regularly enter the city centre. Private cars and motorbikes will not be charged and cannot be upgraded through the scheme. Shire Leasing has further supported this pioneering environmental initiative with a fully digitised application process to support eligible businesses to access financial support. A dedicated web page provides help and guidance and the ability to submit an application for grants and interest-free financing.
Darlington drops ‘Ferrari red’ taxi repaint plan Darlington Borough Council has abandoned a plan to force all local taxis to be painted a specific shade of “Ferrari red”, as it has realised that many cars are not produced in the colour. The proposal has been dropped from the new taxi policy, that the council is still discussing. Cllr Brian Jones, chairman of the council’s licensing committee, said: “The key aim of the policy is to ensure the safety and welfare of the public, encourage sustainability, and ensure efficient taxi and private hire services in the borough. We sought the views of local residents and the taxi trade when drawing up the revised policy and have taken those comments on board.”
He said the council was also looking to streamline the application process to make it easier for drivers and operators. Other key amendments include the introduction of new age requirements for licensed vehicles; mandatory use of the online Disclosure and Barring Service (DBS) update subscription service; and a new online licensing application process which is currently in development. If approved at a meeting on November 26, the new policies will come into force from January 1 2021.
NOVEMBER 2020
