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In the recent case of Khan v Premier Private Hire Taxi [2007], the applicant as a private hire taxi driver for the employer. He gave a claim to the Employment Tribunal, which reads as follows:

"The company did not pay, I was driving by the customer and the payment of the Commission to the company. How an agent transacting business for another."

The chairman of the Employment Tribunal as the application and decided that he did not have jurisdiction to hear the case because the relevant work has not yet been established. He rejected the claim. After this rejection, the applicant appealed.

The appeal was allowed: --

§ In view of the circumstances, it was noted that the Chairman had erred in rejecting the claim. The material will be provided by the applicant about the nature of employment had to be taken at face value. With this approach, in which aspects of a joint employment relationship had existed, for example the situation, which could be described as "cooperation", the court certainly had jurisdiction to hear the claim.

§ The nature of the employment in this case was ripe for examination.

§ The facts that such a relationship could have been avoided by the court.

§ It was noted that the applicant be ordered by the court with more information about the scope of his employment, in order for his claim to continue.

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© RT Coopers, 2007. This background information is not a comprehensive or complete statement of the law on the issues can not be considered legal advice. It is only on general issues. Specialist legal advice should always be sought in relation to the particular circumstances.

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