Andrew Boxer v Excel Groups Ltd (in liquidation) [2017]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Tribunal (ET)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time
Issues covered: Contract of Service or Contract for Services; Employment Status; Independent Contractor; Worker; Gig Economy; Working Time; Annual Leave Entitlement

The claimant worked as a cycle courier and argued that when he worked for the respondent he was a worker pursuant to the Employment Rights Act 1996 (the GB equivalent of the Employment Rights (NI) Order 2016). When he began working for the respondent in September 2013 the claimant signed a contract describing himself as a ‘contractor’ and in a later contract as a ‘subcontractor’, although the tribunal was quick to point out that neither of these terms accurately reflected the true nature of the relationship.

It was not in dispute that the claimant provided his own bicycle, mobile phone and protective clothing. There was also an expectation that the claimant would keep the respondent

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This article is correct at 21/04/2017

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