Thousands of ride-hailing app Bolt drivers have won a legal claim to be classed as workers and receive rights such as paid holiday and at least the minimum wage.
An employment tribunal on Friday 8 November ruled that the Bolt drivers are not self-employed contractors who run their own business, and that the terms and conditions applied to their relationship with the organisation, and the control it has over their work, means that they are workers.
As such, they are entitled to workers’ rights and protection under employment law and should receive paid holiday and the minimum wage for any periods worked. The tribunal also ruled that they should be paid for time spent logged into the app, providing they are not also logged into apps for other private hire operators.
The ruling follows a three-week hearing back in September. The drivers launched their legal claim to be classed as workers following the 2021 Supreme Court ruling, which stated that Uber drivers are workers. Bolt drivers believed the ruling also applies to their situation.
On 1 August, Bolt announced before the hearing that although it does not consider its drivers to be workers, they would receive holiday pay and the national living wage. However, Leigh Day, the firm that represented the claimants, argued that the way it calculates the payments does not comply with employment legislation.
Another hearing is expected to take place next year to decide how much compensation for unpaid holiday pay and lost income each driver will receive.
Charlotte Pettman, employment team solicitor at Leigh Day, said: “We are very pleased that the employment tribunal has found in favour of our Bolt driver clients. This judgment confirms that gig economy operators cannot continue to falsely classify their workers as independent contractors running their own business to avoid providing the rights those workers are properly entitled to. We call on Bolt to compensate our clients without further delay.”
A Bolt spokesperson added: “Drivers are at the heart of what we do, and we have always supported the overwhelming majority’s choice to remain self-employed independent contractors, protecting their flexibility, personal control, and earning potential. We will continue to engage with drivers as we carefully review our options, including grounds for appeal, ensuring that we are helping drivers to succeed as entrepreneurs and grow on their own terms.”
