Tag: victory

First Brexit and now Donald Trump

Posted on by Andrew Sargood

Donald Trump will officially be the next president of the United States of America, but what similarities are there to Brexit?

There are a number of comparisons which can be made between the Brexit vote and the more recent USA elections; controversial, un-predictable and a close call are a few things that spring to mind. With only a 1% difference in votes Trump has won the presidency, against all the bookies odds… much like the Brexit vote.

Commentators have noted that there is a distinct mood-change around the world, with people willing to take a risk and vote for the more unpredictable or unconventional in order to facilitate a change in their country.  It also seems that voters are tired of being told what to do.

But what could Trump being in power mean for a post-Brexit Britain? The economic results are still to be determined but Trump has mentioned trade deals with us as a country are not being ruled out. Teresa May was quick to point out that our “special relationship” will continue and she hopes to make it even stronger.  And indeed some believe that any change will be in Britain’s favour. How will the global market be affected?  The dollar and the Mexican peso fell yesterday as the results were announced although our pound surged.  But this is not highly unusual and there is always some fluctuation immediately after an election.  Any more significant changes will likely only be seen once Trump begins to start giving some more specifics as to what changes and legislation he wants to introduce.

And the Brexit comparisons don’t end there.  Both Farage and Trump also have a few similarities… The media has targeted them for their outspoken and controversial statements and straight forward, un-censored views, but both have evidently come out on top.  Indeed Farage has reportedly flown straight out to the USA to put himself forward for a job working with Trump as his Ambassador in the EU.

The victory of Donald Trump has clearly caused some upset among citizens of the USA. As a result of this there have been anti-Trump protests and demonstrations across many different cities.

These recent events have proven one thing, what people want most within their countries is change. The victory of Britain leaving the EU and Donald Trump winning as the next President for the United States stems from this. Only time will tell if change is for better or for worse in both situations.  Whatever happens, no-one can deny that interesting times are ahead.

Let us know what you think of Trump’s victory. Can this be compared to our own Brexit referendum? We’ll be holding a seminar in the near future discussing Brexit for Britain and more current issues. So stay tuned.

Leave a comment and share your views…

Victory for Uber Drivers

Posted on by Ilinca Mardarescu

It’s likely that most of us would have heard about Uber having lost the case brought by a number of their drivers. The Employment Tribunal has handed down its decision in the case of Aslam and ors v Uber BV that the drivers are not self-employed contractors as Uber claimed but are instead workers (as per the Employment Rights Act 1996). Importantly, they are not employees. And there is a big difference between the two, especially when it comes to Uber employment rights.

Workers are entitled to certain protections such as paid annual leave, protection regarding working time and rest breaks, whistle-blowing protection and the right to be paid the national minimum (and living) wage. For Uber drivers this will be a great victory. However, as they are not employees they will not be able to claim unfair dismissal, redundancy payments, sick pay or holiday pay, pension contributions, rights under TUPE should UBER sell its business or even the basic principles of the implied terms of trust and confidence. This of course raises the possibility that at a later date, Uber could make all its drivers redundant and change the business model again to one in which their status may again be called into question.

The Tribunal criticised the lengths Uber went to in order to be able to argue its drivers were self-employed (such as constructing the requirement for drivers to provide invoices – but which in fact Uber created itself, and the notion in their own T&C’s that the drivers enter into individual contracts with each passenger – which the Tribunal pointed out was ludicrous bearing in mid the parties do not know each other and the fact payment is set by and goes to Uber).

Of course, the decision will be challenged by Uber – they have already confirmed they are preparing the appeal. It would not be a surprise if the matter ultimately went as far as the Supreme Court. However, for now, any Uber drivers with a claim should issue proceedings as soon as possible so as to preserve their position with regards to limitation and then should apply to have the matter “stayed” until the appeals are all heard.

As the “gig economy” grows, it is highly likely that this case will open the floodgate for others currently classed as self-employed such as Hermes, other courier drivers and the likes of Deliveroo.

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