Addison Lee Ltd v. Gascoigne [2018]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time
Issues covered: Employment Status; Employee v Worker; Working Time Regulations; Reality of Relationship; Mutuality of Obligation

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 17/05/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email

View all articles by Legal Island