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

Makbool Javaid

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.

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