Taxi Driver Online

Liverpool Daily Echo

November 17, 2007, Saturday

Self-employed or not, do I have rights?;

in association with fish4jobs Know Your Rights

Q: I have worked as a private hire taxi driver for the last 18 months, when all of a sudden last week I was told my contract was being terminated because I had refused to work one night when I had already agreed to attend my nephew's 18th birthday.

I have always been able to work whatever nights I choose, so was surprised to be told this was a problem. I told them I had rights as an employee, but was told I am not an employee as I supplied my own car, radio and paid my own tax. I do pay my own tax and supply my own radio, and do not have a written contract of employment. However, I disagree with the way I have been treated and want to claim unfair dismissal. Can I?

Justin says: There is nothing to stop you alleging that you are an employee and so have been unfairly dismissed, but it will be up to an employment tribunal to decide whether you are an employee or not.

They will look at all the factors surrounding your work, and then make a decision on your employment status. If they decide you are self-employed then you would not be entitled to claim unfair dismissal and things like paying your own tax, supplying your own equipment and choosing your own hours would tend to indicate you are self-employed.

However, there may be other factors that could support your assertion you are an employee, and I would suggest you get legal advice on this as soon as possible.
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I think this chap will be like a lot of other people at this time of year.

He won't have a leg to stand on.

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Grandad,

I'm not so sure, a self employed person can be deemed to be employed in some cases where they work exclusively for one employer and cover account work, it's a minefield but a good solicitor would help.