Mr Z Bandi v & Others and 2 others — 2024

This was a preliminary hearing in consolidated proceedings brought by approximately 10,000 current and former private hire drivers operating under the Bolt brand. Following settlements shortly before the hearing, the tribunal determined three agreed issues by reference to eight Sample Claimants: whether they were workers under NMWA 1998 s54(3)(b) and WTR 1998 reg 2; whether they were agency workers; and, if workers, during what periods they were working for NMWA and WTR purposes. The Second Respondent (Bolt Services UK Ltd) operated the licensed private hire businesses; the First Respondent (Bolt Operations OÜ) had provided payment processing services between 11 June 2019 and 31 July 2022 but had no relevant function after the business model change on 1 August 2022.

The tribunal held that the Sample Claimants were workers under a limb (b) contract with the Second Respondent at all times when within their licensed operating area and with the Bolt App switched on. It further held that they were 'working' under the WTR 1998 and NMWA 1998 when, additionally, they were ready and willing to accept trips and were not 'multi-apping' (as defined in the Reasons). Applying the reasoning of the Supreme Court in Uber, the tribunal found nothing to differentiate the present case on the question of working time, and rejected the Respondents' submission that Uber should no longer apply in a 'gig economy' context.

For NMWA purposes the tribunal classified the work as Unmeasured Work, rejecting the Respondents' submissions that it fell within Time Work under NMWR 2015 reg 30(b) or Output Work under reg 36. Detailed quantification, together with questions such as deeming under reg 47 and time spent training, were left for a remedies stage. The tribunal indicated that a further preliminary case management hearing would be held early in the new year and expressed the hope that the parties would approach disposal of the stayed claims pragmatically.