UK Bolt drivers are employees, UK Employment Tribunal rules
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UK Bolt drivers are employees, UK Employment Tribunal rules
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Bolt, the Estonian-based ride-hailing and food delivery platform, should recognize its UK-based drivers as ‘workers’ rather than self-employed independent contractors, according to a ruling handed down by the Employment Tribunal on Nov. 8.
The decision grants more than 100,000 Bolt drivers the essential rights and protections under UK employment law, including eligibility for the national minimum wage and statutory holiday pay.
Lawyers said the ruling could lead to compensation worth more than £200 million, BBC reported. However, Bolt said it was reviewing its options, including grounds for appeal.
The ruling argued that Bolt’s control over drivers and strict terms qualify them as “workers.” It stated that “overwhelmingly, the power lies with Bolt” and that “there is nothing in the relationship which demands, or even suggests, agency,” rejecting the notion that drivers operate as independent agents.
There was “nothing approximating to a genuine agreement between the parties to create an agency relationship,” the decision states. “The drivers did not set out to appoint Bolt as their agent.”
The Tribunal argued that most drivers would not have read Bolt’s terms at all, and of those who did, “precious few would have been able to grasp, even in a very general way, the legal relationship for which Bolt’s draughtsmanship was intended to provide.”
“It notifies drivers of its terms and drivers understand that they have no choice but to accept or cease to work with Bolt,” the ruling states. “There was nothing remotely resembling an arms’ length agreement between business entities.”
Leigh Day, the law firm representing the drivers, believes that on average, a driver could be entitled to compensation of over £15,000. A preliminary hearing for case management (before the judge alone) is envisaged for very early in 2025, when it will be decided how much compensation for unpaid holiday pay and lost income each driver will receive.
“We are very pleased that the Employment Tribunal has found in favour of our Bolt driver clients,” Leigh Day employment team solicitor Charlotte Pettman said in a press release. This judgment confirms that gig economy operators cannot continue to falsely classify their workers as independent contractors running their own business to avoid providing the rights those workers are properly entitled to.”