A former cycle courier for Addison Lee has won his claim that he was a worker and not self-employed, and was therefore entitled to holiday pay.
In Mr C. Gascoigne v Addison Lee the judge at the Central London Employment Tribunal found that the relationship between the two parties was reflective of Gascoigne being a worker.
Elements of the working relationship, including a set piece rate for each job, an expectation that Gascoigne would personally undertake the work and not being able to easily decline work, pointed to the claimant being a worker.
Employment Judge JL Wade concluded that Gascoigne was a ‘limb b’ worker and ruled that Addison Lee must pay the outstanding holiday pay it owed the claimant.
‘This was a working arrangement which did not lend itself to the interpretation which the armies of lawyers tried to promote,’ said Wade. ‘The claimant was part of a homogenous fleet and a homogenous operation which promoted Addison Lee to customers and looked after its own. There is nothing wrong or bad about that, it simply does not fit with the employment status for which the respondent contends.’
