Are Addison Lee couriers workers?
Yes, held the EAT in Addison Lee Ltd v Gascoigne.
Addison Lee appealed on two grounds against the employment tribunal's determination that Mr Gascoigne, a cycle courier, was a worker within the meaning of regulation 2 of the Working Time Regulations when logged on on to the app. First that the tribunal erred in law in finding that there was sufficient mutuality of obligation. Second that the tribunal's multi-factorial assessment that Mr Gascoigne was a worker was perverse on nine bases.
The EAT rejected both grounds of appeal, upholding the tribunal's finding of worker status and thus Mr Gascoigne's entitlement to holiday pay.
On the first ground of appeal, which although framed as an appeal based upon an error of law was actually an appeal based upon an error of fact, the tribunal correctly determined that there was mutuality of obligation between the parties when Mr Gascoigne was logged on to the app. He had to accept jobs offered to him when logged on to the app. His entitlement to log off at any time did not affect his obligation to accept work when logged on.
On the second ground of appeal the tribunal's multi-factorial assessment that Mr Gascoigne was a worker was not perverse.
Thanks to Georgina Churchhouse for preparing this case summary.
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