The Employment Appeal Tribunal (EAT) has dismissed an appeal by Addison Lee, the taxi company in relation to the employment status of their courier workers. The EAT upheld the Employment Tribunal’s decision that Addison Lee couriers are classed as workers in Addison Lee Ltd v Mr C Gascoigne: UKEAT/0289/17/LA.
Addison Lee appealed on two grounds against the Employment Tribunal determination that Mr Gascoigne was a worker pursuant to regulation 2 of the Working Time Regulations: first, that the Tribunal made an error in law in finding that there was sufficient mutuality of obligation; and second, that the Tribunal’s multi-factorial assessment that Mr Gascoigne was a worker was perverse on nine bases.
The EAT found that, in relation to the first ground, it was decided by the Tribunal that there was mutuality of obligation between the parties. The EAT emphasised that, when Mr Gascoigne logged on to the Addison Lee app, he was entitled to accept jobs offered to him and his entitlement to log off at any time did not affect this obligation to accept work. On the second ground of appeal, the EAT agreed with the Tribunal’s assessment that Mr Gascoigne’s worker status was not perverse.
The EAT rejected both grounds of appeal, upholding the Tribunal’s original findings of employment status, which meant that Mr Gascoigne would be a worker and would be entitled to greater employment rights such as holiday pay