found to be engaging “workers” (a lower burden to establish than full “employment status”), they could now face the additional threat of their “radio rent”, “circuit fee” or “settle”, adversely effecting part-time drivers as happened with Mr Augustine. This means that operators could face a new battleground in employment litigation.


This scenario invites the question: are fixed fees a thing of the past? In our opinion they very well could be.


The Supreme Court’s reasoning was clear, the fixed “circuit fee” Data Cars charged adversely impacted Mr Augustine as a part-time worker.


The question of “worker” status is as prevalent as it has ever been in the private hire industry, with this judgment providing prospective claimants another arrow to their quiver.


Now would be a good time for operators to assess their charging structures and driver engagements to mitigate future exposure to employment claims.


OPERATORS BE WARNED We are here to help


Employment law is often obscure, ever fluctuating and perilous. “Where to start in assessing your driver engagement model?”, “What is a worker?”, “Who decides who is a worker?” “What criteria makes a driver a worker?”, to name but a few considerations.


Boira Consultants specialises in employment law matters for both the private hire and the gig economy.


We offer our businesses engagement model audits to assess your potential exposure to the prevailing employment law risks, in addition to business model transformations for when you have had enough with the status quo and want to step into the future.


Contact: conor@boira-consulting.co.uk for more information.


Disclaimer: this article does not constitute legal advice


PHTM SEPTEMBER 2026


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