Last week, in another blow to the gig economy, the Employment Appeal Tribunal has dismissed an appeal by taxi firm Addison Lee.
In August 2017, the Employment Tribunal found that Addison Lee had incorrectly classified several of its couriers as self-employed, instead of workers. And, as workers, they were entitled to enhanced rights – most importantly, the right to paid holiday.
Addison Lee appealed the finding relating to one of its cycle couriers, Chris Gascoigne. It argued that – as well as there being factual errors in the tribunal’s assessment – Mr Gascoigne was also not obliged accept jobs it offered him. The EAT disagreed with both arguments.
Addison Lee hasn’t confirmed whether it’ll appeal further, and Employment Tribunals continue to be inundated with claims like this. For now, many commentators are wondering if – and when – the government will step in to clarify this complex area of law.
We’re also waiting for the Supreme Court’s decision in the recent Pimlico Plumbers case, which might provide more guidance.
If you’re affected by this decision, or have any queries about the gig economy, please get in touch with our employment team.
The Employment Appeal Tribunal (EAT) has dismissed an appeal by taxi and courier organisation Addison Lee regarding employment status, judging that a courier was incorrectly classified as an independent contractor. In the case, Addison Lee v Gascoigne, brought by the Independent Workers’ Union of Great Britain (IWGB), the Central London Employment Tribunal (ET) ruled in August 2017 that former courier Chris Gascoigne had been misclassified as self-employed, and that the organisation had therefore failed to pay him for holiday.