A new report from the Institute for Public Policy Research (IPPR) argues that the United Kingdom's collective action and costs rules are steering claims against large technology companies away from British courts, leaving affected workers and consumers to seek redress abroad.
As reported by IPPR, the think tank points to proceedings brought in the Dutch courts by Stichting Worker Info Exchange International against Uber on behalf of affected drivers, including British drivers. The case challenges Uber's alleged use of personal data to determine drivers' pay, following earlier research findings that its algorithmic pay system has made earnings less predictable and widened pay inequality.
The report draws a direct contrast between the two jurisdictions. Dutch law allows non-profit organisations to bring collective cases on behalf of affected people with limited risk of legal costs, while UK rules make equivalent legal action much harder and carry the risk of massive legal costs.
IPPR's recommendations go to the heart of the funding question. The report calls for allowing charities and NGOs to bring public interest cases against technology companies without requiring individual authorisation, introducing opt-out collective legal action across areas including workers' rights, and capping potentially crippling legal costs while reforming litigation funding rules.
The report, authored by independent legal strategy and technology policy consultant Swee Leng Harris, is supported by former attorney general Dominic Grieve KC, Labour MP Jess Asato, and the App Drivers and Couriers Union. Driver and union member Abdurzak Hadi said that taking on a company like Uber in court "costs huge amounts of money, far more than most drivers I know can afford."