Addison Lee Loses Appeal on Worker Status of Drivers
The Court of Appeal has refused permission to appeal from the Employment Appeal Tribunal decision that Addison Lee Minicab drivers were held to be 'workers'.
Following the recent Uber judgment (where it was held that the Uber drivers were 'workers') the Court set aside its original grant of permission, holding that in the light of Uber, the appeal in this case had no reasonable prospect of success.
Addison Lee had hoped to overturn the finding that their drivers were workers under the relevant legislation and that the definition of 'working time' was satisfied when the driver logged on to the Addison Lee app.
Determining Employment Status
It is now clear that Addison Lee drivers, like Uber drivers, may be entitled to basic rights including holiday pay, rest breaks and the National Minimum Wage whilst they are in their licenced territory and logged into the app.
All companies that provide services through self-employed contractors now need to review both their contractual arrangements with contractors and how those contractors work in practice to determine if there is a risk of worker or employment status.
Following the Uber decision, employment tribunals will analyse how people carry out their duties on a day-to-day basis, as well as having regard to any written contract, when determining questions of employment status.
If you have any further questions relating to employment status, whether or not relating to the gig economy, please contact Sharmin Chowdhury in our Employment Law team at on 01923 919 373, or please complete the form below.