Ruling on May 11, 2018
Authority: Employment Appeal Tribunal
Parties: Addison Lee Ltd / Gascoigne
Subject: Qualifying couriers at Addison Lee as "worker" or self-employed persons
Summary of facts: Addison Lee is a courier company with couriers that operate within a relatively small geographical area in London with fast delivery to customers, usually within an hour. The Employment Tribunal ruled that Gascigne qualified as an employee of Addison Lee and not as a self-employed person. Addison Lee is going to appeal. Addison Lee's main argument on appeal was that the couriers had no real duty to work, as they could decide for themselves whether they wanted to log in or out and that they could accept tasks themselves when they were registered. There was at most a 'soft pressure' from a 'controller' to accept tasks, but there were no negative consequences if they did not do so.
Legal question: Can the drivers of Addison Lee Ltd qualify as "workers"?
Considerations: The Appeal Tribunal concludes that there was 'reciprocity of obligation' when a person logged on - i.e. a contractual obligation on Addisson Lee to offer work and on the individual to accept that work, subject to the individual's occasional right to refuse a courier service from time to time if a package was too heavy. It is further considered that the right of a courier to log out at any time does not affect the courier's obligation to accept work that is offered to him when he is logged in. Cascoigne should thus be regarded as a worker and not as a self-employed person.
Ruling: The Employment Appeal Tribunal dismissed the appeal and confirmed the Employment Tribunal's decision.