Wednesday 16th May 2018
There are many cases working their way through the courts at the moment whereby the claimants are disputing their employment status, arguing that they are ‘workers’ rather than ‘self-employed contractors’ and therefore they are entitled to benefits such as holiday pay.
The reserved judgment from the Employment Appeal Tribunal (EAT) in the case of Addison Lee LTD v Gascoigne has been handed down and the EAT upheld the decision of the Employment Tribunal and found that the cycle courier working for the respondent’s small courier business was a worker.
This judgment is another example of a decision favouring the individual in the ‘gig economy’ cases.
It seems that the courts are readily prepared to make findings that people who are held out as being self-employed are in fact workers. Although each case of course turns on its facts, this is another case offering an insight into the direction of the legal and political landscape in this area. Therefore, it is important to look carefully at practice and expectations of working relationships; businesses should recognise that the contract between the parties does not always reflect the reality of the relationship.