IN THE
NEWS...IN THE NEWS..
GOVERNMENT ADMITS DEFEAT: H&S PROTECTIONS EXTENDED TO ALL ‘GIG ECONOMY’ AND FRONTLINE WORKERS
Earlier in November the High Court ruled in favour of the Indepen- dent Workers’ Union of Great Britain (IWGB) in
a detailed judgment which found the UK Government has failed to grant workers in the ‘gig economy’ the rights they are entitled to under EU Health and Safety law. The Government has declined to appeal, the deadline for doing so passed on Fri- day 27 November, and must now take steps to implement the ruling. In the meantime the judgement can now be utilised in legal actions taken either via the H&S Executive, Local Authorities or employment tribunal claims. One in ten adults engage in ‘gig econo- my’ work, accounting for at least 4.7 million people working in the UK with little to no health and safety protec-
tions prior to the ruling. All workers must now have the right to refuse unsafe work and the right to PPE. Kirsten Oswald MP had tabled an Early Day Motion in support of the ruling and calling on the government to act. When questioned directly by Ms. Oswald on 23 November, Boris John- son said the Government “will take appropriate action to protect workers.” Alex Marshall, president of the IWGB and a former bicycle courier said: “Our members have been on the frontline of this pandemic taking considerable risks on poverty pay to keep the country going through two lockdowns. Private hire drivers provide an essential alter- native to public transport while couriers deliver covid samples for test- ing and food to those who are unwell or shielding. We took decisive action to protect their health and safety and the
Government must now do the same. These workers’ rights are now a public health issue.” Kirsten Oswald MP, SNP Westminster Group Deputy Leader and spokesperson on Work, Pensions, and Inclusion said: “The IWGB is to be commended for forcing the UK government to recog- nise that Covid-19 made workers’ rights a public health issue. The decision of the government to accept the ruling of the High Court means the way forward is clear and the government must act quickly to correct the law. Just as important, businesses must accept their responsibilities to their workers and their customers and act now to put in place appropriate health and safety measures.” NPHTA is delighted with this result, hopefully it will see positive changes for drivers across the UK.
SOUTH LAKELAND DRIVER WINS FIGHT TO KEEP HACKNEY CARRIAGE LICENCE DESPITE AGE RESTRICTIONS
A recent case went in favour of a South Lakeland driver. South Lakeland Dis- trict Council (SLDC) heard that taxi licences were normally issued to cars aged five years and younger. Hayley Owens, Mr Atkinson’s legal representa- tive said: “If this did not get granted, then we would not be able to appeal, because we would have not been able to get to a magistrates' court this year with the back log in cases." Ms Owens defended the car and driver, saying: “In normal times we would be able to bring the vehicle to the council building for viewing. The car is the same as it has been. It is in good order and very much fit for purpose as well as being comfortable and fit for use.” Ms Owens pointed out the problems faced by taxi drivers during the current
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pandemic. She said: “It was hoped to replace the car this year but because of Covid my client could not get to con- duct test drives of replacement vehicles. My client is self-employed and so has had his income from the taxi business restricted since the pandemic.”
SDLC granted an extension to Mr Atkin- son’s taxi for a further 12 months with the expectation that the Audio A4 con- tinues to get a four-month MoT check. SLDC extended the taxi operator licence for the car for a further year, beginning from last August when it expired and running through to next August, subject to quarterly MoT checks for what it said: “Was for excep- tions we are making today, due to the Covid period we are in.” Speaking after the hearing, Ms Owen said: “My client is exceptionally relieved. This represents a recognition of the changes in the current climate.” Oxenholme Station remains one of the most lucrative ranks in the Kendal area. SLDC has since capped the price of licences for taxi drivers for a further year.
DECEMBER 2020
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