ET finds drivers are ‘workers’ and not self-employed contractors

An ET rejects Addison Lee’s argument that each of their drivers ran a small business, regarding AL as a client; the drivers were in fact workers delivering a service personally to AL according to AL’s requirements.
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In Lange and others v Addison Lee, Leigh Day, who represented the Claimants, have confirmed that an ET has ruled that a group of Addison Lee (AL) drivers were not self-employed, as AL argued, but are workers who satisfied the definition as set out in S.230(3)(b) of the Employment Rights Act 1996 and the related provisions of the Working Time Regulations 1998 and the National Minimum Wage Act 1998. As workers, they are entitled to all workers’ rights as defined by the relevant pieces of legislation, e.g. paid holiday, the NMW, etc., and are entitled to be paid for the period of time when they are logged on to AL’s internal driver’s portal system. The ET rejected AL’s argument that the reality of the relationship was that each driver ran a small business and regarded AL as a client. The facts all pointed towards the drivers delivering a service personally to AL when they were logged on and delivered the service in accordance with AL’s requirements, policies and systems.


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.

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