Sussex wrote:
I think for the 100% Hackney fleet issue an argument could be made that the unlicensed office could viewed as an agent.
The office need not have any license to operate, or should I say function, and anyone can take the bookings.
Not sure how successful that argument would be, but it’s not as clear cut IMO, then with an operator licensed under the 1976 act.
In terms of practicalities, basic contract law and economic substance, it just doesn't ring true to me that HCs despatched by a circuit should be any different to PHVs despatched by a circuit.
I'm sure it'll be all sorted out eventually. But it's around 27 years now since I first held the kind of views successfully outlined in the recent Bournemouth employment status case.
Sure I'll be vindicated eventually, but whether I'll still be alive then is another matter
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