The key issue in this case was whether the drivers undertook to do or perform any work or services for the respondent. The case highlights the willingness of courts and tribunals to look behind labels and contractual provisions to the reality of the working arrangements between the parties. The EAT had to consider whether the written employment contract reflected the true nature of the relationship (ref Autoclenz Ltd v Belcher [2011] ICR 1157).

The claimants were private hire drivers for the respondent company. They brought claims for holiday pay and the national minimum wage. Such an entitlement would only exist if they were workers for the purposes of the Working Time Regulations 1998 and the National Minimum Wage Act