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 armies of lawyers tried