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PostPosted: Wed Dec 13, 2017 10:13 pm 
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Mr C Fitzgerald v Dragon Taxis Ltd - Employment Tribunal December 2017

Tribunal that says, on the basis of facts before them, that a licensed driver working on a firm is not employed nor a worker, and therefore is not entitled to minimum wage and worker status.

This goes against recent cases which support the view that so-called self-employed drivers are entitled to workers status.

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PostPosted: Thu Dec 14, 2017 10:12 pm 
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private hire driver as well I notice

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PostPosted: Thu Dec 14, 2017 10:39 pm 
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Reading the judgement I’m surprised there is no mention of the Uber case, or more importantly the list of reasons as to why the judge in that case deemed that Uber drivers should have workers status.

If I was doing a similar case, or appealing this case, then I would concentrate on the list of reasons as to why Uber lost.

One thing of interest is that Dragon Taxis also allow drivers to be on Uber.

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PostPosted: Thu Dec 14, 2017 11:21 pm 
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Surely it's worth the driver appealing?


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PostPosted: Fri Dec 15, 2017 12:02 am 
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It might be the difference between owner drivers driving their own cars and drivers driving cars belonging to the company.

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PostPosted: Fri Dec 15, 2017 10:57 am 
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roythebus wrote:
Surely it's worth the driver appealing?

I'm told that is a distinct possibility.

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PostPosted: Fri Dec 15, 2017 4:28 pm 
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Not straight forward, he was taking work from two companies, Uber being the other one, So can a private hire vehicle, run on more than one operator? Must be a nightmare for councils to keep control of, and in areas where they charge per vehicle for ops licence, do they all have to pay? Personally I don’t think councils can charge per vehicle but that’s another topic.


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PostPosted: Fri Dec 15, 2017 4:36 pm 
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Surely most Private Hire vehicles don’t run on any operator licenses.

They receive work from people/firms who have them.

I know that is obvious, but in my view that says to me a ph driver can work on as many circuits as they wish.

I think when it comes to workers status then that makes it quite awkward to assess which firm is liable, or what percentage they pay, for the drivers working benefits.

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PostPosted: Fri Dec 15, 2017 8:24 pm 
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mancityfan wrote:
Not straight forward, he was taking work from two companies, Uber being the other one, So can a private hire vehicle, run on more than one operator? Must be a nightmare for councils to keep control of, and in areas where they charge per vehicle for ops licence, do they all have to pay? Personally I don’t think councils can charge per vehicle but that’s another topic.


a very good point

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PostPosted: Fri Dec 15, 2017 8:50 pm 
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mancityfan wrote:
Not straight forward, he was taking work from two companies, Uber being the other one, So can a private hire vehicle, run on more than one operator? Must be a nightmare for councils to keep control of, and in areas where they charge per vehicle for ops licence, do they all have to pay? Personally I don’t think councils can charge per vehicle but that’s another topic.



When Councils asked Operators to fill in a monthly return of vehicles and drivers this did give some control of those who who made use of several Operators but most Councils dropped this condition at the behest of Operators as well as the Council themselves who could not be bothered to check them.


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PostPosted: Mon Dec 18, 2017 11:55 pm 
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Sussex wrote:
One thing of interest is that Dragon Taxis also allow drivers to be on Uber.


Wonder how long that's been going on?

Suspect some firms could be giving drivers a bit more freedom in that regard in view of what's been going on.

And maybe Uber allowed drivers the freedom to work for different firms from the off in the hope that it would work in their favour regarding questions about employment status.

But suspect most firms still expect exclusivity, or the driver is off :shock:


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PostPosted: Fri Dec 22, 2017 11:45 pm 
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Sussex wrote:

One thing of interest is that Dragon Taxis also allow drivers to be on Uber.



Well they kept that very quiet.. but then again why would they broadcast it?
Wouldn't mind seeing the witness statements but no luck when I searched.


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PostPosted: Sat Dec 23, 2017 12:13 pm 
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Sussex wrote:
Surely most Private Hire vehicles don’t run on any operator licenses.

They receive work from people/firms who have them.

I know that is obvious, but in my view that says to me a ph driver can work on as many circuits as they wish.

I think when it comes to workers status then that makes it quite awkward to assess which firm is liable, or what percentage they pay, for the drivers working benefits.



Lincoln private hire plates show the operators name. The paper part of their drivers licence states, to be retained by operator/ employer.

I am not saying that the above is legal, but nevertheless that is how it is done. Only two major circuits in Lincoln lately, so not much switching I would think. But a change of circuit demands a change of plate.

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PostPosted: Sat Dec 23, 2017 7:36 pm 
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jimbo wrote:
Lincoln private hire plates show the operators name. The paper part of their drivers licence states, to be retained by operator/ employer.

I think most areas have a similar condition, but allow copies to be kept, not originals.

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PostPosted: Sun Dec 24, 2017 4:19 pm 
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Sussex wrote:
jimbo wrote:
Lincoln private hire plates show the operators name. The paper part of their drivers licence states, to be retained by operator/ employer.

I think most areas have a similar condition, but allow copies to be kept, not originals.



The Act states that the vehicle proprietor whether TAXI or Private Hire must retain the drivers paper license (original) whilst in his employ.
License to be returned to driver on leaving employment,you cannot use a copy otherwise they could drive for numerous proprietors which would create enormous problems.


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