211–220 of 387 posts
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A number of people don’t like it because the delivery company messes up the order (delivers cold, etc) and the restaurant takes the blame.
This situation is no different to any other resale situation - you address your complaint to the person your transaction was with.
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This doesn't make sense to me. I did some contract work a couple years ago and: 1. The company set the hourly rate which meant they dictated how much I could earn 2. The company set the contract terms 3. The company told me what features to build and could penalize me if I decided not to build some 4. The company could evaluate my performance any way they wanted and terminate the contract at any time for no cause If…
1. As a contractor I negotiate my rates with the companies I work with. Uber drivers cannot do this. 2. I also negotiate contract terms. Uber drivers cannot do this. 3. Uber drivers are penalized for not taking rides, which is more akin to refusing a paid opportunity than building a feature. Again as a contractor I do negotiate the work I can and want to do. 4. For this point I agree with you. I can also terminate th…
2. Eh kind of. You could also look at it as Uber simply doesn’t negotiate their contract. It’s like a company hiring a freeelancer and just not negotiating.
3. If a company called you up and you said yes once and then no the next 10 times I bet they’d stop calling and you’d be penalized. They might not even have an Excel sheet with notes or a rating.
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Negotiating with Uber, not working for Uber. Uber is a middleman/platform connecting customers with providers, guaranteeing terms of contract to both parties. It works just the same with most IT contracting firms (and the same is true in other sectors too - construction, medical, etc).
A lot of IT contracting firms in the UK have in recent years had to drastically change their practices exactly because ensuring a contract does not create a relationship that would be deemed to be an employment relationship has gotten progressively harder, exactly because it was being massively abused, so this is a very poor argument in the UK. The lack of ability to negotiate prices - be it with a middleman or the a…
I'm an IT contractor in the UK, but not an UK resident nor citizen; my accountant said IR35 doesn't apply to me then.
The title of the article is something I'd expect to see in a comedy movie. Yet, this is real.
Its a perfectly good description of what the Judgement is.
For information "worker" has a specific legal meaning here its similar but not exactly the same as "employee"
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Mr. Wave may have meant legally objectionable as in "the objection that would be the core of the legal case" or "the legal system objects to this". Similar to how a legal complaint doesn't mean someone whining.
If they did then what do they think is the infraction or offence that is being committed? They're being objectionable by committing or infracting... what? What law or regulation would they be breaking?
There's also a very large body of trademark specific law which may specifically address this. https://en.m.wikipedia.org/wiki/Passing_off
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This situation is no different to any other resale situation - you address your complaint to the person your transaction was with.
Realistically people don’t do that. Last touch of any transaction gets all the blame.
That's exactly my point - and your last touch is the Deliveroo worker. So take it up with them. They can then take it up with the restaurant if it was the restaurant's fault, but that's their job as the reseller.
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If they did then what do they think is the infraction or offence that is being committed? They're being objectionable by committing or infracting... what? What law or regulation would they be breaking?
"passing off" is a common law tort. If there's confusion, it could well fall under that. There's also a very large body of trademark specific law which may specifically address this. https://en.m.wikipedia.org/wiki/Passing_off
But the food isn't being misrepresented! It is the food of the restaurant. Passing off means pretending the product is something it isn't. That isn't what is happening here at all.
You and a few others seem to be under some kind of mistaken understanding that the food is 'fake' or from a fraudulent dark kitchen not actually associated with the restaurant? That's not the case. It's the actual real food from the actual restaurant, resold.
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This should be straight up illegal and the companies sued to hell for. If I opened a site claiming to be a bank and accepting money on behalf of that bank, and keeping 20% I'd be behind bars for fraud in no time.
It's not fraud though, is it? They advertise that you'll get food from Restaurant X and that's indeed what you get. It's not fraud to resell product, you don't need permission from the original seller to do it (in fact I think that's a specifically protected right), and it's not fraud or any kind of trademark violation to describe a product as being from Restaurant X if that is a fact.
Every Uber driver I speak to tells me how they prefer Uber to their previous job of a cabbie for a firm, they get flexibility, set their own hours and choose when to work Now they’re all permanent employees of Uber will they lose this flexibility? If some drivers weren’t happy with the status quo, why not take their skills and work for another firm?
Of course they do - they're not going to get many five-star reviews if passengers leave the car feeling bad or complicit in exploitation.
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Those delivery services employ many lawyers and bet on the fact that a family owned restaurants doesn't have the guts or money to sue. Truly despicable.
IANAL, but isn't this exactly why class action lawsuits exist?
Or rather "collective actions" and "group litigation orders" are a recent thing and haven't become a standard part of the legal system. Not many people on any side who understand how they're supposed to work in practice.
The UK also has a different set of priorities in its litigation culture. You can win a huge payout if you prove unfair dismissal or discrimination, but it's much harder to prove that your work contract is unfair/exploitative or that Service Provider X is operating in a shady way.