Agenda item

It was moved by Councillor Carr, seconded by Councillor Evans:

That:

We bring this motion to Council to highlight the recent Supreme Court ruling identifying workers’ rights within the gig economy brought by the GMB union against the licensed private hire operator UBER. We recognise and accept the ruling that drivers operating on this and similar operating platforms can be said to hold worker rights. As such it is the responsibility of operators who engage drivers as workers to ensure they provide written terms which reference the entitlement to social protections including the national minimum wage, holiday pay, sick pay and national insurance, PAYE and right to a pension contribution, to those drivers who fall in to the category of workers. These rights should be enforced by way of attaching requirements as a condition of the Operators’ Licence granted under S.55 of the Local Government and Miscellaneous Provisions Act 1976.

The condition would simply require relevant operators to ensure all drivers who fall in to the category of a worker are aware of their legal rights as a worker.

This Supreme Court judgement has shown once again that trade unions are a force for good in society. We congratulate GMB on bringing the case on behalf of its members and call on all workers in Sefton to join a union.

An amendment was moved by Councillor John Kelly, seconded by Councillor Waterfield that the Motion be amended by:

Following a debate on the Amendment the Chief Legal and Democratic Officer officiated a vote and the Mayor declared that the Amendment was carried by 43 votes to 9 with 4 abstentions and on the Substantive Motion it was carried by 43 votes to 3 with 10 abstentions and it was:

RESOLVED: That

It is the responsibility of operators who engage drivers as workers to ensure they provide written terms which reference the entitlement to social protections including the national minimum wage, holiday pay, sick pay, and national insurance, PAYE and right to a pension contribution, (to those drivers who fall into the category of ‘workers’ without these workers needing to take legal proceedings).  These rights should be enforced by way of attaching requirements as a condition of the Operators’ Licence granted under S.55 of the Local Government and Miscellaneous Provisions Act 1976.

The condition could require relevant operators to ensure all drivers who fall into the category of a ‘worker’ are aware of their legal rights as a worker.

The Council’s Hackney Carriage, Private Hire and Omnibus Licensing Scheme Handbook is currently being reviewed and this motion will be considered during the consultation process before a final decision by the Licensing and Regulatory Committee is made later in 2022.