Why Uber is suing over London's English skills requirement for drivers
Uber is launching a legal battle against a requirement that London drivers be required to pass a written English-language test.
The ride-hailing company is challenging Transport for London (TfL), the city鈥檚 transport authority, over rules that require all private-hire drivers who are not from a majority English speaking country to pass a language requirement.
For Uber, which has waged highly publicized battles in favor of classifying its drivers as independent contractors rather than employees, observers say the legal campaign marks a new moment where its own interests converge with those of drivers.
鈥淪ometimes Uber puts out its purported interest in the drivers鈥� rights, but it鈥檚 typically really just to help Uber recruit from as broad a pool of drivers as possible,鈥� says Catherine Ruckelshaus, general counsel and program director at the National Employment Law Project, which advocates on behalf of workers.
鈥淯ber relies on its ability to pull in new drivers as the other drivers leave,鈥� she tells 海角大神.
TfL鈥檚 rules also require Uber and other ride-hailing if they intend to make changes to its app or business model, potentially clashing with Uber鈥檚 frequent descriptions of itself as a technology company rather than a traditional transportation provider.
鈥淭his legal action is very much a last resort,鈥� Tom Elvidge, Uber London鈥檚 general manager, said in a statement, according to CNN. 鈥淣ew rules are now being introduced that will be bad for both drivers and tech companies like Uber.鈥�
The transport authority, by contrast, a test of written and spoken English are important so drivers can discuss fare with passengers, and for safety reasons.
Uber says that it supports the idea of testing spoken English, but argues that having drivers sit for a two-hour written language exam goes too far.
But the requirement that drivers , as classified under the Common European Framework, is harder than the test for British citizenship, which tests speaking and listening, Fortune reports.
United Private Hire Drivers, a trade group, says the requirements could have a particularly harmful effect on longtime drivers, and unfairly impacts private drivers as they compete against taxi drivers.
鈥淒rivers have already when it comes to worker rights,鈥� the group says in a blog post. 鈥淚f and when a driver's license is taken there will be no back up position or supplemental income from their operators. They will be simply discarded.鈥�
The group says the exam鈥檚 cost, at 拢200 (about $260 US), could be prohibitive for some drivers. It also argues that TfL said in an 鈥渋mpact assessment鈥� of the rules the English requirement could provide only a 鈥渕inor beneficial health impact.鈥�
According to UPHD, the transport authority said in its report that "there is no evidence to suggest that the drivers鈥� lack of English is currently a widespread issue with regard to current levels of passenger safety."
Ms. Ruckelshaus of NELP says that in the United States, employers who impose such English-language requirements can face legal challenges under employment law.
鈥淭ypically, the employer has to show that it鈥檚 a bona fide occupational qualification...that there鈥檚 a tight nexus between what the job requires, and the ability to communicate in English,鈥� she explains.
鈥淚f this were happening in the US, there could potentially be a if the drivers could show that there was a disproportionate impact of this rule on people from other countries who don鈥檛 have English as their first language,鈥� Ruckelshaus says.
But a law imposed by an agency or city government, like TfL鈥檚 regulation, could instead face a constitutional challenge, she adds.
One US-based driver, however, argues that Uber鈥檚 ratings system, which allows the driver and the passenger to rate each other, could make a passenger the ultimate arbiter of a driver鈥檚 English.
鈥淚 have found that everything needs to be 'squared away' and you really need to play up to the passengers to get a good rating,鈥� a driver from Hoboken, N.J. wrote in in September 2015.
鈥淪o it鈥檚 not Uber who will decide about your language skills but the people getting into the vehicle. Believe me, the people getting into the vehicle have no issues with downrating you.鈥�
