The Guardian report that in a further challenge to gig economy working practices, a second cycle courier has become classified as a ‘worker’ by a tribunal, providing him with rights to paid holidays and minimum pay. An ET ruled that Excel, a courier company now part of CitySprint, had unlawfully failed to award Andrew Boxer holiday pay and wrongly classed him as an independent contractor. The EJ held that the contract Boxer had signed did not reflect the reality of the situation. The EJ decided that Boxer was a worker and not an independent contractor because he was required to work five days a week under the Excel controller, he was paid a non-negotiable fixed rate for his work and played no part in calculating that pay. Boxer could not take time off without notice, was expected to wait between jobs and not take a break when he was needed.

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