The case considered whether a platform provider could be held liable for alleged discriminatory conduct by a self-employed driver, with the decision turning on the absence of control and the limits of vicarious liability.

The Complainant brought a complaint to the WRC under the Equal Status Act 2000, alleging discrimination by a taxi driver on grounds of race, gender, age, disability, and sexual orientation.

The alleged incident occurred when a service user, using the Freenow technology platform, booked a taxi and when the driver arrived, he allegedly refused service, spat at him, and made discriminatory remarks.

Freenow argued it was not the correct respondent as it doesn't provide taxi services directly and as such had no responsibility for the actions of the self-employed drivers using its platform - calling the complaint "fundamentally flawed".

Freenow put forward that its involvement was limited to "providing a booking platform and an online payment platform". Counsel pointed to the Taxi Regulation Act 2013 and argued that the law "clarifies that a taxi operator is not and cannot be an employee of the respondent".

The adjudicator, in considering whether Freenow was in fact the correct respondent, analysed legal arguments regarding vicarious liability and agency relationships, applying case law such as Moynihan v Moynihan (1975) IR 192 and the Supreme Court judgement of Morrissey v HSE [2020] IESC 6.

Determining that the taxi driver was in fact an independent contractor, not an employee or agent of Freenow, the Respondent exercised no control over the driver's actions and was not deemed vicariously liable for any alleged discriminatory behaviour.

The WRC held that Freenow was not the service provider in the context of the complaints lodged, as it did not provide the taxi service directly, and that the correct respondent was in fact the taxi driver himself.

Consequently, the adjudicator ruled that she lacked jurisdiction to hear the complaint against the Respondent.

Control is central to establishing an employment relationship.

If a service provider does not exercise control over the contractors which they employ, vicarious liability will not be found and as such, they cannot be held to account for the actions of such persons.

It is important to note that the Platform Workers Directive is due to be transposed into Irish law by June 2026 which may change the relationship in these types of work arrangements.

The full case can be found here.