Employment Status – the journey continues.
Addison Lee v Gascooigne
In the latest case on Employment Status the Employment Appeal tribunal has backed up the first tier tribunal in their assertion that Addison Lee cycle couriers are Workers within the meaning of Regulation 2 of the Working Time Regs.
This means that the couriers are entitled to holiday pay as Workers and they are not a business in their own right. The tribunal had decided that when the couriers were booked onto their App, they were obliged to accept the job sent to them, this suggested a mutuality of obligation, they also stated other facts which prompted their belief that the courier was a Worker and in their conclusion the tribunal said,
“This was a working arrangement which did not lend itself to the interpretation which the armies of lawyers tried to promote. The claimant was part of a homogenous fleet and a homogenous operation which promoted Addison Lee to customers and looked after its own. There is nothing wrong or bad about that, it simply does not fit with the employment status for which the respondent contends.”
Addison Lee appealed stating that the Tribunal had erred in law and that their multi factorial assessment that the Claimant was a worker was perverse.
The Employment Appeal Tribunal agreed with the first tier on all counts in a ruling which means that these cycle couriers will be entitled to holiday pay in the same way as employees. It seems clear that the courts are taking a stronger view on employment status, we would therefore recommend that you look closely at any so called ‘casual workers’ to see if they are entitled to holiday pay etc.
If you are in any doubt at all, give our expert team a call at their Nottingham Head Office on 0115 988 6211 and they will be pleased to assist.
you can read the full case by clicking here
And a previous post on Employment Status can be found by clicking here
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