Not all taxi app drivers have “worker” status like Uber

The ‘gig economy’, characterised by app-based, flexible work arrangements, has seen extensive litigation over employment status.

In UK employment law, individuals fall into one of three categories: employee, worker, or self-employed. Workers have rights, such as holiday pay, but are not as protected as employees.

Determining employment status involves assessing whether someone is in business for themselves or working under a contract for someone else.

In Uber v Aslam, the Supreme Court determined that Uber drivers were workers rather than self-employed, granting them additional rights. However, not all app-based drivers qualify as workers.

In Johnson v GT Gettaxi – an app business connected passengers with black cab drivers.  A licensed black cab driver wanted to rejoin the app but was refused.  He was deemed to be self-employed and not a worker by both the employment tribunal and employment appeal tribunal.

What makes Uber different from Gettaxi?

The Gettaxi app is similar to Uber, so why the difference in employment status?

• Gettaxi didn’t penalise drivers for rejecting rides. Uber does.
• The black cab drivers could choose routes freely. Workers for Uber are required to accept certain routes.
• Gettaxi (unlike Uber) also allowed drivers to make independent arrangements with passengers and use other apps or traditional black cab methods to generate income.