Hogan Lovells

Key Dates

Judgment given on 14 November 2018.


Summary

The Employment Appeal Tribunal (EAT) has dismissed Addison Lee's appeal against a finding of the Employment Tribunal (ET) that the claimant drivers were "workers" for the purposes of the Working Time Regulations 1998.

Three drivers (the "claimants") had brought claims asserting an entitlement to holiday pay and to the national minimum wage.  Such entitlement would only exist if they were "workers" for the purposes of the Working Time Regulations 1998 and the National Minimum Wage Act 1998.  "Limb (b)" of the definition of "worker" included an individual who works under "any other contract" under which the individual undertakes to perform any work or services personally for another person whose status is not that of a customer or client of the individual's business.

The EAT upheld the ET's findings that: 

In reaching its conclusions, the EAT considered it significant that a driver who was logged on to Addison Lee's system and who refused a job without reasonable excuse would be subject to a sanction.  The ET had been entitled to find that drivers accepted an obligation to undertake driving jobs allocated to them notwithstanding the general contractual terms suggesting that acceptance was voluntary.



Date Accessed: 03/12/2021