GUIDE TO ‘DEACTIVATION’ FOR UBER DRIVERS

Introduction
What is ‘deactivation’?

‘Deactivation’ is Uber's word for dismissal. It is when Uber fires a driver by deactivating their account so they can no longer use the Uber app to drive.  

This is different from being ‘blocked’ where a driver cannot even open the Uber app.  

This guide gives advice on what to do if you’ve been deactivated and/or blocked.  

Is it lawful? 

Under New Zealand law, employers are required to conduct a fair process before suspending or firing an employee. This should include telling the employee what the problem is, hearing their side of the story and genuinely considering their explanation. 

Uber does not usually follow a process like this, meaning many deactivations could be considered unlawful. 

An employee has the right to challenge a dismissal and, particularly where it is found to be unjustifiable, may get their job back and/or financial compensation. 

Winning these rights for Uber drivers is one of the main reasons FIRST Union and E tū took Uber to the Employment Court. Because we won, Uber should be treating drivers like employees with full legal rights and protections, but currently they are not.

Why was I deactivated?  

Common reasons include: 

• Expired documents or failed background checks

• You reported an accident or mechanical fault without proof that your vehicle is fixed. Proof may include photographs and reports from the mechanic

• Customer complaints such as poor behaviour, vehicle damage, if you cancelled a ride at pickup

• Alleged account sharing due to identity verification issues, such as failing a selfie photo test or a GPS issue with the reported location of a selfie 

• Cancelling rides, especially around the airport area 

• Alleged fraud, including:  

  • A rider reporting that you asked them to cancel the trip 

  • A rider complaint that you did not drive directly to pickup 

  • Turning off your phone’s location service or restarting it  

• Safety concerns 

• Other suspected breaches of Uber's Community Guidelines’.

What about warnings?

Uber uses what it calls a ‘notation’ system to warn drivers when their alleged misconduct is less serious. If a driver receives multiple warnings, Uber may eventually deactivate them. 

If a driver's alleged misconduct is more serious, Uber sometimes deactivates without warning. 

Ultimately, we know the processes are unfair, which is what we’re working to change in the long run by fixing the Uber system through collective action. In the meantime, there are still ways you can take action to get reactivated. 

Taking action 

What should I do? 

If Uber suspends or dismisses you, FIRST Union advises you to take the following steps. The aim is to create a written record of correspondence with them and escalate your communications as required. We understand the process can be confusing and taxing so we have put together a series of steps to go through.  

1. Contact Uber in writing 

Using the Help section in the Uber app, contact Uber as soon as you can to tell them you believe you were unjustifiably dismissed or suspended, and tell your side of the story. To ensure you’re dealing with the same incident, ask for full details including time, date and place of the ride. 

If you think it may have been a specific trip that led to the deactivation, provide any details you remember. Some drivers have successfully been reactivated this way. If they do reactivate you, you still have the right within 90 days to take a personal grievance against them for the dismissal. 

Tip: Take screenshots and be aware that Uber provides automated and/or generic responses to queries. It’s a good idea to follow-up your messages, as it increases the chances of them reaching a new agent who may deal with it differently. 

For example, if there has been no response after a while, you can write a message like “Please confirm that you have received my message about my account and that you will respond within the next two working days”.   

2. Escalate the message 

If you have already tried telling your side of the story through the Uber app, we suggest sending this message:  

“Uber’s deactivation of my driver account amounts to an unjustifiable dismissal under section 103A of the Employment Relations Act 2000 (“the Act”) of New Zealand, which requires that Uber act as a fair and reasonable employer in all the circumstances at the time a dismissal or disciplinary action occurs. 

Before dismissing or taking action against a driver, drivers expect that Uber: (1) sufficiently investigates any allegations against the driver; (2) raise any concerns the company has with the driver, including the time, date and place of any alleged incident and (3) genuinely consider the driver’s explanation (if any) in relation to any allegations. 
 
Where Uber dismisses or takes action against a driver without meeting these statutory requirements, Uber’s actions may be considered to be unjustifiable under the law. 

Where a driver has been unjustifiably dismissed or disadvantaged by Uber, the driver may raise a personal grievance in accordance with s103 of the Act. 

Please reinstate me immediately by reactivating my account and immediately inform me once you have done so.  

I reserve the right to take a personal grievance against Uber for unjustifiable dismissal.”

3. Use different channels 

Phone: If you’re not getting a response through the Uber app, try calling the Uber Support line via the Help menu in the app or directly from your phone. This can create an “issue” in the Help section of the app, which you can then respond to. Uber may try to close the issue with an automated response but will ask “Can we help with anything else?”. If your issue is not yet resolved, respond “Yes” with details.  

Email: Sometimes Uber may email you about a specific issue. When you respond to these, you can attach files such as multiple screenshots. Your response will then show under that issue in the Help section of the app. An email thread can also be copy/pasted. 

Even if you don't get a response, make a note of each time you have tried to contact them. This can support your case. 

4. Request a review 

 In some circumstances, Uber may provide you with a link to review or appeal your deactivation. This is an opportunity for you to re-state your case and provide any supporting documents or images. It’s a good idea to gather all of your supporting documents first. They may be screenshots, police reports, correspondence from Waka Kotahi, and so on. 

If, after the review, Uber responds that the deactivation is final, you can still use previous review links to raise your issue again.  

Uber has told FIRST Union that reviews are handled by people, not algorithms, and approximately 8% of deactivations are overturned through this process. Uber has also said that they are looking to improve the review process in the future. Whether or not this is true, FIRST Union will continue fighting for a system-fix that upholds fair process rules under New Zealand employment law.  

5. If you’re a member, contact FIRST Union 

We want to know when you have been deactivated so we can help you wherever possible. We keep a log in our system of the date a driver has been deactivated (and the date they are reactivated, if applicable) and, in some cases, may be able to assist you to take a personal grievance.

If you’re not yet a member, join here.

6. If you cannot open the Uber app, let FIRST Union know  

Uber has advised that deactivated drivers should still be able to access the Uber Help section of the app, so if you can't, it may be an error. If you're in this position, let FIRST Union know and we may be able to help you regain access to the app's chat function, so you can follow the steps above. 

What else?

Waka Kotahi (NZTA)  

P-endorsement 

Waka Kotahi requires that Uber report incidents involving drivers that relate to public safety. If you are reported, Waka Kotahi may suspend or revoke your P-endorsement under s 87D of the Land Transport Act 1998. 

This process is independent of Uber’s deactivation process and may be actioned even where Uber has not deactivated you first. For example, Uber may report you to Waka Kotahi but not deactivate you themselves, or a member of the public may report you to Waka Kotahi without Uber’s knowledge.  

What if I lose my P-endorsement?  

If you lose your P-endorsement, you can no longer perform passenger services through Uber or any other company. 

It is also possible for Waka Kotahi to let you keep your P-endorsement even though Uber has deactivated you. Where this happens, you can continue performing passenger services through other companies. 

If you feel that Waka Kotahi has unfairly revoked your P-endorsement, you have the right to appeal their decision. To find out how, contact Waka Kotahi. 

Get government support  

It doesn’t matter how long you’ve been deactivated, it’s a good idea to find out what government benefits you’re entitled to because you don’t know when you’ll be able to drive through the app again. Go to the Community Law website for more information, or visit your local Citizens Advice Bureau for advice on what you’re entitled to and how you can apply for it.