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In her witness statement to the Employment Tribunal Jo Bertram from Uber seems to have cast doubt on the issue of who is, or should be, actually the operator, Uber (ULL) or Uber drivers.
At point 45, her statement says;
ULL is responsible for accepting the booking made by a Passenger, as holder of the operator license. However, at the point a request is made by a Passenger, there is no obligation to provide a vehicle. As I explain below, the booking is accepted by ULL as the the relevant private hire vehicle operator and allocated to the Driver. A booking is not accepted by ULL until a Driver has confirmed that they are available and willing to take it. Confirmation and acceptance then takes place by ULL almost simultaneously. A Driver is entirely free to make themselves available to provide the transportation services or not, which is describe in further detail below. As such, the Operator License has no impact upon the freedom a Driver has when using the platform.
That could be argued to say the driver is doing the acceptance first, and if the driver accepts, then Uber process the job. So who needs the operator's license?
At point 60, her statement says;
ULL will receive a booking request from a Passenger. ULL will then make this request visible on the Driver's smartphone, together with the first name and rating of the Passenger. It is then the Driver's decision whether or not to confirm their availability and willingness to take the trip. If they do choose to take the trip, they will touch to confirm to ULL that they are available and willing to take the trip. Having done so, ULL will accept and confirm the booking to the Passenger on behalf of the Driver, and almost simultaneously and instantaneously allocate the trip to the Driver.
To me this add weight to my previous comments above about who accepts the job first, and thus is the entity that needs an operator's license.
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IDFIMH
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