Key Facts
- •Mr. C Johnson appealed an Employment Tribunal decision finding him not to be a worker for GT Gettaxi (UK) Ltd.
- •Johnson used the respondent's black cab app between 2015 and 2017, with app earnings representing about 5% of his total earnings.
- •He applied to rejoin the app in 2020 but was refused.
- •The Tribunal considered the Hackney Carriage Regulations, the contracts between the respondent and drivers, fare setting, obligation to accept requests, and monitoring of acceptance and cancellation rates.
- •The Tribunal found that drivers using the app were primarily in business on their own account, using the app as an additional way to obtain fares.
- •The Tribunal distinguished the case from Uber, emphasizing that drivers were bound by TfL regulations regarding fares and ride acceptance.
Legal Principles
Definition of 'worker' under Section 230 of the Employment Rights Act 1996.
Employment Rights Act 1996
The 'true agreement' between parties should be ascertained, disregarding contractual wording that misrepresents the reality of the relationship.
Autoclenz Limited v Belcher & Ors [2011] UKSC 41
In determining worker status, the focus should be on the statutory protections offered and the purposes of the relevant legislation, rather than pure contractual construction.
Uber BV v Aslam [2021] UKSC 5
Whether a person operates a profession or business undertaking is a matter of fact and impression, considering all relevant evidence.
Johnson v Transopco UK Limited [2022] EAT 6
An Employment Tribunal can consider activities outside of work for a putative employer to determine if an individual is undertaking a business activity.
Johnson v Transopco UK Limited [2022] EAT 6
Outcomes
The Employment Appeal Tribunal dismissed Mr. Johnson's appeal.
The EAT held that the Employment Tribunal did not err in law in finding that Mr. Johnson was not a worker. The Tribunal correctly considered the relevant legal principles and facts, weighing the evidence to conclude that Johnson was in business on his own account and the app use was supplementary, not defining his main business.