Private hire driver was not an employee

In Knight v BCCP Ltd[EAT/0413/10], Mr Knight was a licensed private hire driver – who was employed by BCCP Ltd from 1 September 2008 until 14 October 2008. His employment was terminated without notice.

Mr Knight claimed that he was entitled to one week’s statutory notice. The EAT disagreed.

Mr Knight was not an employee of BCCP Ltd - and therefore - he was not entitled to one week’s statutory notice. Mr Knight was not an employee of BCCP Ltd – because he was not obliged to work for BCCP Ltd - and BCCP Ltd was not obliged to provide work for him.