Article

Another blow to the gig economy and Addison Lee...

 

By Foot Anstey

In the latest in a long line of worker status claims emerging from the "gig economy" the EAT has upheld a decision which found that Addison Lee drivers were workers despite being labelled as independent contractors in documentation. In doing so the EAT confirmed that tribunals are entitled to use a "realistic and worldly wise" approach to determine employment status where it is alleged that the contract is not an accurate reflection of actual practice.  For a summary of the case and the key points to take away see Kevin Lau's article Employment Appeal Tribunal upholds decision that Addison Lee drivers were workers.

The case should serve as a reminder to employers, and particularly those who operate either in the gig economy, but more generally, to those businesses who engage individuals as self-employed contractors, that Tribunals are more and more willing to consider the actual arrangements and look behind the paperwork to determine whether an individual is a worker.

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