Addison Lee Ltd v. Gascoigne [2018]
Posted In: Case Law-
Case Reference
0289_17_1105 -
Legal Body
Employment Appeals Tribunal (EAT) -
Type of Claim / Jurisdiction
Contracts of Employment, Working Time
The claimant, Mr Gascoigne, was a cycle courier with the respondent company. In August 2017 an employment tribunal upheld his claim that he was a 'limb (b) worker' within the meaning of Regulation 2 of the Working Time Regulations and therefore entitled to holiday pay. The tribunal held the written terms of the contract between the parties, describing Mr Gascoigne as an 'independent contractor', did not reflect the reality of the relationship; and that, during the period when he was 'logged on' to the respondent's app, there was a contract with mutual obligations for 'jobs' to be offered and accepted.
“This was a working arrangement which did not lend itself to the interpretation which the
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