EAT confirms Tribunal decision that Addison Lee drivers are “workers”, not genuinely self-employed contractors.
The Employment Appeal Tribunal ‘EAT’ has agreed with the decision of the Employment Tribunal which previously found that drivers for Addison Lee had the status of “workers” rather than self-employed contractors.
The key factors taken into account by the EAT were as follows:
- the drivers personally undertook work for, or provided services to, Addison Lee;
- during periods when the drivers logged on to the computer system run by Addison Lee, there was regular offer and acceptance of work; and
- the contractual documentation characterising the drivers as “self-employed” was not reflective of the true agreement between the parties.
All of these factors justified a finding that the drivers were in fact “workers” and therefore entitled to a number of additional rights and protections including the right to the national minimum wage and paid annual leave.
This decision follows a long line of court cases finding in favour of claimants who maintain that their status is that of worker rather than self-employed contractor when the correct legal test is applied. The case of Uber was decided on similar grounds and has now been confirmed by the Court of Appeal on the 19 December.