Augustine v Econnect Cars Ltd [2019]
Decision Number: UKEAT/0231/18/00 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 06/01/2020
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Appellant:
Augustine
Respondent:
Econnect Cars Ltd
Summary

The EAT ruled that a private hire driver was a worker entitled to Part-Time Workers Regulations protection despite being paid by commission.

Background

The claimant worked for the respondent’s private hire car firm as a driver.  On commencing work with the respondent, there was an agreement that he would have rent free use of the electric car for the first six weeks and then thereafter, if it is collected from the depot at the start of the shift and returned at the end.  The claimant had the freedom to choose his hours as they were not determined by the respondent. The only expectation was that he would ‘work a reasonable number of hours each week’.  However,

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/01/2020