Jurisdiction(s):
United Kingdom

Employment Tribunal: Bolt drivers are workers; substitution option ineffective; Uber precedent on working time applied; acceptance rate policy pivotal; minimum wage and holiday pay claims proceed

Published on: 08 November 2024

Published by a Law360 reporter

Legal News

Article summary

Bandi and Others v Bolt Operations OU and another (Case No 2206953/2021)

A press summary was issued by the tribunal to clarify the judgment. It rejected Bolt’s main arguments that it merely acted as an agent between drivers and passengers, and that an account function allowing drivers to register other drivers meant they were not required to perform work themselves—an important signifier of employment status. The panel, chaired by Judge Anthony Snelson, concluded that any supposed right to use a substitute did not remove the obligation of personal service and was irrelevant to the proper analysis of worker status. This ruling opens the way for Bolt drivers to claim the minimum wage, sick pay and other statutory entitlements. However, Bolt has since withdrawn a policy obliging drivers to accept a set proportion of ride offers, a consideration that had been central to the tribunal’s decision. As fewer than 10% of current Bolt drivers are parties to the case, the majority may not, at this stage, be automatically regarded as workers...

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