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Drivers’ working hours
[ch 9: page 157]Two sets of working time regulations and two sets of parallel regulations control working time on the roads. The Road Transport (Working Time) Regulations 2005 affect mobile workers (mainly drivers, crew and other travelling staff) who are travelling in vehicles subject to the EU Drivers’ Hours Regulations. The regulations introduced limits on weekly working time (excluding breaks and periods of availability) and a limit on the amount of work that can be done at night. They also specify how much continuous work can be done before taking a break, and introduce daily and weekly rest limits for the crew and travelling staff. Under the regulations, working time for mobile workers must not exceed:
• an average 48-hour week (normally calculated over a four-month reference period);
• 60 hours in any single week; or
• 10 hours in any 24-hour period, if working at night.
A reference period for the average 48-hour week may be extended from four to six months and the amount of night work can exceed 10 hours if a collective or workforce agreement is in place.
Alternatively, mobile workers may be covered by the WTR plus the domestic Drivers’ Hours rules. Self-employed drivers are covered by the Road Transport (Working Time) Regulations.
The rules on drivers’ hours and tachograph use in the UK are very complex. Detailed guidance is available at: https://www.gov.uk/drivers-hours/overview.
GMB campaign for Uber drivers
Uber operates a car hire platform that connects passengers to thousands of drivers through an app on the passenger’s smartphone. Using the app, passengers can request they are picked up from any location within London (or 300 other cities worldwide). Passengers pay Uber for the journey, which then passes on a percentage of that payment to the driver.
With the support of the general GMB union, GMB members working as Uber drivers have issued employment tribunal claims. They argue that the drivers are workers and that:
• Uber should ensure that its drivers are paid the national minimum wage and that they receive their statutory entitlement to paid holiday;
• Uber should comply with legal standards on discipline and grievances. Drivers have being suspended or “deactivated” by Uber after making complaints about unlawful treatment, without being given any opportunity to challenge this; and
• Uber should address serious health and safety issues. The union says that Uber does not ensure its drivers take rest breaks or work a maximum number of hours per week.
The taxi firm argues that its drivers are self-employed “partners” who use the app on their own terms, but the GMB points out that Uber controls the charging rate and the route, and uses a “rating” system to assess performance.
The claim was due to be heard in the employment tribunal at the end of July.