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 and Leave
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

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This article is correct at 17/05/2018
Disclaimer:

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.

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