Employment Status: Addison Lee v Gascoigne
The Employment Appeal Tribunal (EAT) has dismissed an appeal by Addison Lee, a taxi and courier organisation, regarding the employment status of one of its couriers.
The Employment Tribunal (ET) upheld Mr Gascoigne’s claim that he was a ‘limb b worker’ rather than an independent contractor when logged on to the app, within the meaning of Regulation 2 of the Working Time Regulations; and therefore entitled to holiday pay.
Addison Lee appealed on two grounds against the ET’s decision.
First, that there was no basis to conclude that Mr Gascoigne was under any legal obligation to work, (accept jobs offered to him when logged on to the app). Subsequently, the claim must fail for lack of the necessary mutuality of obligation.
Second, that there were factual errors in the ET’s assessment of Mr Gascoigne as a ‘limb b worker’.
The EAT rejected both grounds of appeal, upholding the ET’s decision that there was a contract with mutual obligations that applied during Mr Gascoigne’s log-on periods. There was also no basis to challenge the ET’s assessment of Mr Gascoigne as having employment status and thus Mr Gascoigne’s entitlement to holiday pay.