In Gascoigne v Addison Lee Ltd, an ET found that a cycle courier was a worker, and not an independent contractor as argued by Addison Lee (AL), and was therefore entitled to holiday pay under the Working Time Regulations 1998. While Gascoigne’s contract stated that he agreed that he was an independent contractor the ET decided that the evidence demonstrated he was a worker. The key factors pointing towards worker status were: (i) AL provided G with the technology and other equipment he needed to do the job; (ii) G was constantly in touch with his controller when logged on to the system while carrying out deliveries and while on stand-by; (iii) AL and G worked together as a team, whereby G carried out work under AL’s control; and (iv) G carried out the work personally and did not regard AL as his client or a customer. The ET concluded by saying this was not a relationship which lent itself to the interpretation [independent contractor] “which the armies of lawyers tried to promote”.

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.