Uber Driver Claims: Contacted by Uber? FAQs

If you have been contacted by Uber to settle your claim, we would advise caution and suggest you seek legal advice. We hope the FAQs below provide some answers in the meantime.

You may have been asked by Uber to register your interest for settlement, so that they can assess your eligibility – a process they say could take “a few months” and which can be done without legal representation. Naturally, this has caused confusion and raised concerns for many drivers. We have listed below the most common questions which we trust you will be asking too.


Uber have offered to settle my claim directly so why do I have to instruct solicitors?
You don’t have to but by instructing us, you can be assured that the amount you receive from Uber is the full amount you are entitled to.

 

Should I register my claim with Uber?
Yes, we would encourage you to register

 

Can I register with Uber and continue my claim with you?
Yes. Please let us know immediately if you are told otherwise

 

If I instruct you as well, won’t you take half of what Uber pays me?
Fairmont Legal will act on a no-win-no-fee basis meaning we will only charge based on what we recover for you. Also, we charge 25% plus VAT, among the lowest rates you will find. We will work out what we think you should be paid and advise you on the offer. If the offer is reasonable or you decide to accept regardless of our advice, you will not be liable for our fees.

 

Why would the offer not be reasonable? After all, Uber lost the court case and they have promised to pay.

Uber may have lost the case in February, but that does not mean that they accept the ruling applies to you and each and every driver. Uber has already said it believes that only ‘some’ drivers are affected by the ruling. There is also a discrepancy in how Uber are looking to calculate your claim, which at the moment looks like it could leave you substantially short-changed


Does that mean there’s a possibility that Uber will not pay me my full entitlement?
Very much so. The Court ruling clearly said that the time you are logged on to the app, waiting for fares, is considered working time as well. It seems like Uber is refusing to accept this significant point.   Even if NMW is applied to calculate the shortfall, you will still be underpaid if you are only paid for the time you are with a passenger.

 

Will I at least get my full accrued holiday pay?
Not if Uber don’t apply the correct hours. Your holiday entitlement is based on the hours you worked. If Uber refuse to include all your heirs, then their calculation will be wrong.

 

Uber will have my best interest in mind now that I am considered a worker. Right?
We would all like to think so but sadly, so far, Uber has done little to show this. Besides spending 5 years and £thousands arguing this point, Uber is still looking to minimise it’s liability.

 

Can I still drive for Uber if I bring a claim?
Yes. If Uber do decide to deactivate your account (so far unheard of) this would give rise to another claim for you to bring against Uber.

 

How much compensation will I receive?
You may have seen the figure of £12,000 being quoted as the average. The truth is, your actual compensation will be based on a formula and factors including; Your age, How long you worked for Uber, Hours worked and How much you were paid

 

How will you calculate what I am owed and check if Uber are paying me in full?
As stated above, a detailed formula will be applied to work out what you are owed. In order to do this, we will obtain all the information and documents needed.

 

Can you give me a rough idea of what I should be expecting to receive from Uber?
Yes. If you call and speak to a member of the team, we will be able to give you an indication. You wont need any documents or additional information but we must stress that this will be an indication only.

 

I have a question which is not dealt with on this page, can I speak to someone?
Anytime. If the answers don’t address your concerns, simply contact a member of the team who will be happy to speak with you directly.

 

Fairmont Legal advises on all aspects of Employment Law & HR matters.
You can contact us at any time using the contact form on the website, calling 01204 866597 or email info@fairmontlegal.co.uk.

www.fairmontlegal.co.uk

 

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