Maria Ludkin

Last updated

Maria Ludkin
Born1965
NationalityBritish
Occupation(s)Lawyer, activist

Maria Ludkin (born in 1965) was a lawyer for the GMB Trade Union, the third biggest union in the United Kingdom.[ citation needed ] She speaks frequently in relation to prominent GMB campaigns. In particular some of the less well known impacts of private equity on the economy and employment, which led to the calling of Treasury Select Committee hearings, [1] and in relation to redundancies at Marks and Spencer. She has been involved in major GMB campaigns regarding proposed Remploy closures, equal pay, the Swindon hospital workers dispute [2] and construction industry blacklisting, where litigation led to historic compensation payments. [3]

In 2016 GMB ran a test case establishing that Uber drivers were in fact workers with employment rights, rather than self-employed, as Uber claimed. As one of the first major cases testing the proliferation of bogus self-employment and loss of employment rights in the so-called "gig economy", the case has been called "the employment law case of the decade". [4]

Ludkin speaks regularly at conferences regarding shareholder activism, the impact of financial deregulation, as well as developments in good corporate governance and corporate social responsibility and the impact on labour of the gig economy. [5]

In May 2014, the GMB and the Communication Workers Union launched the first trade union owned law firm in the country, UnionLine, to provide a legal service for almost one million trade union members and their families. She was a director of that award-winning firm. [6] [7]

She is a member of the oversight board of the ESG Institute. [8]

In 2018, she was named in The Lawyers' "Hot 100" which seeks to recognise the best lawyers in the country. [9]

Previously Ludkin was a lawyer in the art world for ten years working for Christie's in London and New York, [10] as well as working with a range of significant technology firms during their early growth in Silicon Valley. [11]

In March 2018, Maria became chief counsel at Waveoptics, a market leader in hardware components for the AR industry. [12]

Related Research Articles

<span class="mw-page-title-main">GMB (trade union)</span> General trade union in the United Kingdom

The GMB is a general trade union in the United Kingdom which has more than 560,000 members. Its members work in nearly all industrial sectors, in retail, security, schools, distribution, the utilities, social care, the National Health Service (NHS), ambulance service and local government.

<span class="mw-page-title-main">Temporary work</span> Type of employment

Temporary work or temporary employment refers to an employment situation where the working arrangement is limited to a certain period of time based on the needs of the employing organization. Temporary employees are sometimes called "contractual", "seasonal", "interim", "casual staff", "outsourcing", "freelance"; or the words may be shortened to "temps". In some instances, temporary, highly skilled professionals refer to themselves as consultants. Increasingly, executive-level positions are also filled with interim executives or fractional executives.

The Transfer of Undertakings Regulations 2006 known colloquially as TUPE and pronounced TU-pee, are the United Kingdom's implementation of the European Union Transfer of Undertakings Directive. It is an important part of UK labour law, protecting employees whose business is being transferred to another business. The 2006 regulations replace the old 1981 regulations which implemented the original Directive. The law has been amended in 2014 and 2018, and various provisions within the 2006 Regulations have altered.

The digital economy is a portmanteau of digital computing and economy, and is an umbrella term that describes how traditional brick-and-mortar economic activities are being transformed by Internet, World Wide Web, and blockchain technologies.

The Consulting Association (TCA) was a controversial UK business, based in Droitwich, which, from 1993 to 2009, maintained a database of British construction workers and became implicated in a "blacklisting" scandal, which is ongoing. Revelations about the database resulted in the business being shut down, the Employment Relations Act 1999 (Blacklists) Regulations 2010, a Parliamentary enquiry, High Court actions leading to compensation payouts valued at between £50m and £250m in total, and a series of cases being brought to the European Court of Human Rights.

European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.

An employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power. On this basis, statute, and to some extent the common law, requires that compulsory rights are enforceable against the employer.

The sharing economy is a socio-economic system whereby consumers share in the creation, production, distribution, trade and consumption of goods, and services. These systems take a variety of forms, often leveraging information technology and the Internet, particularly digital platforms, to facilitate the distribution, sharing and reuse of excess capacity in goods and services.

Deliveroo is a British online food delivery company founded by Will Shu and Greg Orlowski in 2013 in London, England. It operates in the United Kingdom, France, Belgium, Ireland, Italy, Singapore, Hong Kong, the United Arab Emirates, Kuwait and Qatar. It formerly operated in Germany, Taiwan, Spain, the Netherlands, and Australia.

A platform cooperative, or platform co-op, is a cooperatively owned, democratically governed business that establishes a computing platform, and uses a website, mobile app or a protocol to facilitate the sale of goods and services. Platform cooperatives are an alternative to venture capital-funded platforms insofar as they are owned and governed by those who depend on them most—workers, users, and other relevant stakeholders.

The Independent Workers' Union of Great Britain (IWGB) is a trade union in the United Kingdom. The IWGB comprises eleven branches which organise workers within their chosen industry, run their own campaigns and have their own representative officials. Their members are predominantly low paid migrant workers in London. The IWGB began as a breakaway from Unite and UNISON. The dispute stemmed from disagreements over how to get better working conditions for cleaners at the University of London, and, more broadly, about how to run modern trade unions. The IWGB is one of the main trade unions in challenging employment law relating to the 'gig economy'.

<i>Uber BV v Aslam</i> British labour law case

Uber BV v Aslam [2021] UKSC 5 is a landmark case in UK labour law and company law on employment rights. The UK Supreme Court held the transport corporation, Uber, must pay its drivers the national living wage, and at least 28 days paid holidays, from the time that drivers log onto the Uber app, and are willing and able to work. The Supreme Court decision was unanimous, and upheld the Court of Appeal, Employment Appeal Tribunal, and Employment Tribunal. The Supreme Court, and all courts below, left open whether the drivers are also employees but indicated that the criteria for employment status was fulfilled, given Uber's control over drivers.

<span class="mw-page-title-main">Gig worker</span> Independent on-demand temporary workers

Gig workers are independent contractors, online platform workers, contract firm workers, on-call workers, and temporary workers. Gig workers enter into formal agreements with on-demand companies to provide services to the company's clients.

<span class="mw-page-title-main">Shannon Liss-Riordan</span> American labor attorney (born 1969)

Shannon Liss-Riordan is an American labor attorney. She is best known for her class-action cases against companies such as Uber, FedEx, and Starbucks. Liss-Riordan was a candidate in the 2020 United States Senate election in Massachusetts, unsuccessfully challenging incumbent Ed Markey for his senate seat.

California Assembly Bill 5 or AB 5 is a state statute that expands a landmark Supreme Court of California case from 2018, Dynamex Operations West, Inc. v. Superior Court ("Dynamex"). In that case, the court held that most wage-earning workers are employees and ought to be classified as such, and that the burden of proof for classifying individuals as independent contractors belongs to the hiring entity. AB 5 extends that decision to all workers. It entitles them to be classified as employees with the usual labor protections, such as minimum wage laws, sick leave, and unemployment and workers' compensation benefits, which do not apply to independent contractors. Concerns over employee misclassification, especially in the gig economy, drove support for the bill, but it remains divisive.

<span class="mw-page-title-main">Veena Dubal</span> American law professor

Veena B. Dubal is a Professor of Law at the University of California, Irvine School of Law. Her research focuses on the intersection of law, technology, and precarious work. Professor Dubal is widely cited for her scholarship on gig work.

<span class="mw-page-title-main">2020 California Proposition 22</span> Gig economy workers employment status ballot initiative

Proposition 22 was a ballot initiative in California that became law after the November 2020 state election, passing with 59% of the vote and granting app-based transportation and delivery companies an exception to Assembly Bill 5 by classifying their drivers as "independent contractors", rather than "employees". The law exempts employers from providing the full suite of mandated employee benefits while instead giving drivers new protections:

Algorithmic management is a term used to describe certain labor management practices in the contemporary digital economy. In scholarly uses, the term was initially coined in 2015 by Min Kyung Lee, Daniel Kusbit, Evan Metsky, and Laura Dabbish to describe the managerial role played by algorithms on the Uber and Lyft platforms, but has since been taken up by other scholars to describe more generally the managerial and organisational characteristics of platform economies. However, digital direction of labor was present in manufacturing already since the 1970s and algorithmic management is becoming increasingly widespread across a wide range of industries.

The International Alliance of App-based Transport Workers (IAATW) is a global union federation of ridesharing and other gig transport workers.

References

  1. "MPS grill private equity bosses". TheGuardian.com . 20 June 2007.
  2. "Great Western Hospital dispute: Staff take Carillion to tribunal". BBC News. 8 October 2012.
  3. "GMB - Apology For Blacklisted Workers". www.gmb.org.uk. Archived from the original on 13 February 2017.
  4. "Historic victory for Uber drivers as Tribunal finds they are entitled to basic workers' rights | Leigh Day".
  5. "UK court backs plumber in new challenge to 'gig' economy". Reuters. 10 February 2017.
  6. "Unions create law firm ABS to rival high street".
  7. "UnionLine is ABS of the Year at Modern Law Awards | UNIONLINE".
  8. "Grant & Eisenhofer Launches ESG Institute to Help Guide Global Institutional Investors in Socially Responsible and Sustainable Investment" (Press release).
  9. "The Lawyer Hot 100 2018: Maria Ludkin, GMB". 29 January 2018.
  10. "Profiles in Justice: The art of labour relations".
  11. "Tribunal rules Uber drivers should get minimum wage and holiday pay". Wired UK.
  12. "Hot 100 career quiz: GMB's former head of legal Maria Ludkin". The Lawyer. 17 August 2018.