The Employment Appeal Tribunal has recently held in Mr C Johnson v GT Gettaxi (UK) Ltd [2024] that a driver of the black cab booking app, ‘Gett UK’, was not a “worker”. The app allows customers to book licensed black cabs, rather than hailing them on the street.
The ruling found that:
- Drivers were available for hailing whilst signed up to the app, which meant they could generate their own business.
- Drivers could sign up for other similar apps at the same time as using the Gett UK app.
- The Claimant had “the knowledge” of the roads of London so he was able to ignore the GPS route without penalty, and therefore had a degree of agency.
- There were no penalties for cancelling accepted rides, although repeated cancellations had to eventually be made through the administration department rather than via the app.
- Although the drivers were unable to set their own fare rate, this cap was largely imposed by TFL regulations which black cab drivers are subject to, rather than by Gett UK.
There has been a significant increase in claims by people seeking to establish “worker” status, particularly from those working in the gig economy.
The distinction between “workers” and “self-employed contractors” can be challenging to establish, but Tribunals will look further than any contract between the parties to the reality of the relationship.
Employers should ensure that the duties and obligations imposed on a working relationship don’t allow a person to gain “worker” status unintentionally, as they will then be entitled to statutory rights and protections. This is especially significant with increases to the minimum wage in April 2025, which may cause employers to inadvertently breach the regulations by failing to pay minimum wage for individuals who are legally classified as “workers”.
