Over 12,500 drivers have filed a lawsuit against Bolt, a ride-hailing company in an attempt to be classified as employees rather than independent contractors.
Leigh Day, a law firm, represents the drivers who claim Bolt controls their work to a significant extent and that they should receive the same protections and rights as other workers.
Eight drivers will be called to testify in the hearings that begin today, 11 September. The case is expected to last for three weeks.
Bolt, an Estonian app that competes with Uber in the UK, has been active since 2019. By April 2023 there will be 100,000 Bolt drivers working in 19 UK cities, including London, Manchester, and Birmingham.
Currently, the company treats its drivers as independent contractors. However, in August it announced that it would pay holiday pay to them and guarantee them a living wage.
Leigh Day will argue the Bolt’s method of calculating these payments does not comply with the current legislation. The firm should compensate employees for any unpaid holidays or past minimum wage shortages.
Charlotte Pettman representing the drivers said that the claim would be similar to the case in 2021 involving Uber which determined that its drivers are workers.
She explained that “following the ruling of the Supreme Court that Uber drivers are employees with all the rights that comes with this status, thousands and thousands of Bolt drivers believe that they are also workers and not contractors”, she explained.
The Supreme Court’s decision was based on several factors. These included the fact that Uber drivers couldn’t set their own prices, that Uber sets the terms and conditions for service, that drivers will be penalised if they don’t accept or cancel rides and that the rating system used by the company.
Leigh Day operates on a “no win, no fee” basis. This means that Bolt drivers won’t have to pay any fees unless they are successful in their claim.
Bolt’s spokesperson stated: “Bolt allows drivers to be independent contractors and they are happy to stay as self-employed contractors. They value the flexibility and personal control of pricing that this model offers.
In a Bolt survey conducted recently, 6 out of 10 drivers cited the ability to set their own work hours as their most important aspect, while 9 out of 10 chose to interact with customers on multiple platforms in order to maximize earnings. Some drivers in the industry want to be classified as workers. This will be heard at the Employment Tribunal on September. Bolt is committed to helping drivers succeed and grow according to their own terms.
In July, the government announced that it would consult about a new worker status as part of its plan Make work pay. It argues that this would simplify and strengthen employment rights for many as it would only distinguish between genuine self-employed individuals and other workers.
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