The Employment Appeal Tribunal (EAT) has upheld a previous employment tribunal decision that Addison Lee drivers are not self-employed and are in fact workers, entitled to the National Minimum Wage and holiday pay.
The judgment agreed with the employment tribunal’s finding that three Addison Lee drivers should be classified as workers. It confirmed that the “unrealistic terms and conditions” drivers had to sign did not reflect what was actually agreed.
The EAT also upheld the tribunal’s findings that there was an “overarching agreement” between Addison Lee and its drivers, and that drivers were working from the time that they logged on to the company’s system as ‘ready to transport passengers’ until the time they logged off.
The claim was brought by GMB trade union, represented by Leigh Day, and was originally formed of three drivers. However, a further 40 people have since joined the group claim. It is thought that this ruling will affect thousands of Addison Lee’s drivers.
Liana Wood, solicitor at Leigh Day, who represents the drivers, said: “We are very pleased that the EAT has rejected Addison Lee’s appeal. It is clear that Addison Lee’s business model of providing a fleet of highly trained, regulated drivers is incompatible with their arguments that drivers are not workers who are entitled to workers’ fundamental rights.
"We hope that Addison Lee will accept this decision; drivers shouldn’t have to continue to work very long hours, often in excess of 60 hours per week, to earn just enough to meet their basic living costs.”
Sue Harris, GMB Legal Director, added: “Once again the courts have agreed Addison Lee drivers are legally entitled to workers’ rights such as the national minimum wage and holiday pay rights.
“Other employers should take note – GMB will not stop pursuing these exploitative companies on behalf of our members.”
