The EAT upheld an employment tribunal’s decision that private hire drivers were limb (b) “workers”, and that time spent logged on other than break times was “working time”. Although the contractual documentation stated that the drivers were under no obligation to accept work, and that there was under no obligation to offer it, the tribunal was entitled to adopt a “realistic and worldly wise” approach, applying Autoclenz, and find that this did not reflect the reality of the working arrangements.
Thomas Linden QC was involved in this case.