[UK] Bolt drivers to be classified as workers following tribunal win

Around 15,000 UK-based Bolt drivers have won a tribunal, receiving the judgement that they must be classified as workers rather than self-employed, HR magazine reports.

According to BBC News reporting, the ruling grants these drivers the rights to holiday pay and minimum wage; benefits they did not previously have. 

The tribunal reportedly found that “overwhelmingly, power lies with Bolt” with regard to their drivers’ working arrangements.

“There is nothing in the relationship which demands, or even suggests, [drivers have] agency”, the tribunal report stated. 

“The supposed contract between Bolt driver and the passenger is a fiction designed by Bolt – and in particular its lawyers – to defeat the argument that it has an employer/worker relationship with the driver,” it said.

Nigel Mackay - head of employment at law firm Leigh Day, the drivers’ counsel - spoke to HR magazine, explaining that the judgement was made due to the drivers’ working arrangements.

Mr Mackay said, “[The tribunal] found that Bolt drivers met the statutory worker test, specifically that: they work under a contract with Bolt; they work personally, i.e. they can't use a substitute to do the work for them; and they are not running a business of which Bolt is their customer."

HR at other organisations should consider this decision to help them understand whether they have correctly classified their workers, Mr Mackay reportedly advised.

He said, “Employers and HR teams need to think very carefully before trying to rely on self-employed contractor models, where the employer closely controls the work. 

“This is the case even for workers who have multiple jobs. Even though Bolt drivers tend to work for a number of different operators, this was in no way fatal to their claims. The important question is what happens during the periods they are working for Bolt, rather than other times when they may be doing other jobs. 

“The tribunal found that all the controls exerted by Bolt during that time, along with all of the other circumstances, strongly weighed in favour of Bolt drivers being workers.”

A Bolt spokesperson reportedly stated that the company would seek grounds to appeal the decision.

They told HR magazine, “Drivers are at the heart of what we do, and we have always supported the overwhelming majority’s choice to remain self-employed independent contractors, protecting their flexibility, personal control, and earning potential. 

“We will continue to engage with drivers as we carefully review our options, including grounds for appeal, ensuring that we are helping drivers to succeed as entrepreneurs and grow on their own terms.”

Source: HR magazine

(Quotes via original reporting)

Around 15,000 UK-based Bolt drivers have won a tribunal, receiving the judgement that they must be classified as workers rather than self-employed, HR magazine reports.

According to BBC News reporting, the ruling grants these drivers the rights to holiday pay and minimum wage; benefits they did not previously have. 

The tribunal reportedly found that “overwhelmingly, power lies with Bolt” with regard to their drivers’ working arrangements.

“There is nothing in the relationship which demands, or even suggests, [drivers have] agency”, the tribunal report stated. 

“The supposed contract between Bolt driver and the passenger is a fiction designed by Bolt – and in particular its lawyers – to defeat the argument that it has an employer/worker relationship with the driver,” it said.

Nigel Mackay - head of employment at law firm Leigh Day, the drivers’ counsel - spoke to HR magazine, explaining that the judgement was made due to the drivers’ working arrangements.

Mr Mackay said, “[The tribunal] found that Bolt drivers met the statutory worker test, specifically that: they work under a contract with Bolt; they work personally, i.e. they can't use a substitute to do the work for them; and they are not running a business of which Bolt is their customer."

HR at other organisations should consider this decision to help them understand whether they have correctly classified their workers, Mr Mackay reportedly advised.

He said, “Employers and HR teams need to think very carefully before trying to rely on self-employed contractor models, where the employer closely controls the work. 

“This is the case even for workers who have multiple jobs. Even though Bolt drivers tend to work for a number of different operators, this was in no way fatal to their claims. The important question is what happens during the periods they are working for Bolt, rather than other times when they may be doing other jobs. 

“The tribunal found that all the controls exerted by Bolt during that time, along with all of the other circumstances, strongly weighed in favour of Bolt drivers being workers.”

A Bolt spokesperson reportedly stated that the company would seek grounds to appeal the decision.

They told HR magazine, “Drivers are at the heart of what we do, and we have always supported the overwhelming majority’s choice to remain self-employed independent contractors, protecting their flexibility, personal control, and earning potential. 

“We will continue to engage with drivers as we carefully review our options, including grounds for appeal, ensuring that we are helping drivers to succeed as entrepreneurs and grow on their own terms.”

Source: HR magazine

(Quotes via original reporting)