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Uber drivers launch legal challenge over 'firing by algorithm'

Uber - AP/Richard Drew
Uber - AP/Richard Drew

Uber drivers have launched a legal challenge against the company's alleged "robo-firing" practices, coming as the latest in a string of regulatory tussles. 

The App Drivers and Couriers Union today has filed a complaint in Amsterdam on behalf of three drivers from London and Birmingham over how Uber's algorithm led to their dismissals.

The drivers claim they were "wrongly accused of fraudulent activity" as detected by Uber's algorithm, and then were fired, although this was only thought to have taken place after a human review and the firing process was thought to have been manual rather than automated.

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The activity included things such as ‘irregular trips associated with fraudulent activities’ and use of software to 'manipulate the app'.

The drivers argue that Uber has not given them access to any of the purported evidence against them, or allowed them to appeal. They claim that Uber had never made any complaint to the police.

Yaseen Aslam, president of the App Drivers and Couriers Union, said: "Uber has been allowed to violate employment law with impunity for years and now we are seeing a glimpse into an Orwellian world of work where workers have no rights and are managed by machine. If Uber are not checked, this practice will become the norm for everyone."

Anton Ekker, the lawyer representing the drivers, said: "This case demonstrates the impact of automated decision making for the millions of people that are working in the platform economy. For the first time, Uber drivers are challenging these decisions based on the GDPR."

Under UK and EU data laws, people are given certain protections from automated decisions "which create negative effects but are carried out without meaningful human intervention".

The case is the second which has been brought by the union, with an earlier case, over alleged “secret profiling" by Uber, set to be heard in December.

The taxi app has faced increasing scrutiny in recent years, and earlier this year battled Transport for London over its licence in London. It ultimately won the case and was handed a licence to operate in the UK capital again last month.

It is also awaiting the outcome of a UK Supreme Court ruling over whether British drivers are considered to be employees of Uber or self-employed.

A spokesman for Uber said: “Uber provides requested personal data and information that individuals are entitled to. We will give explanations when we cannot provide certain data, such as when it doesn't exist or disclosing it would infringe on the rights of another person under GDPR.

"As part of our regular processes, the drivers in this case were only deactivated after manual reviews by our specialist team."