The Employment Appeal Tribunal (EAT) have ruled that drivers are workers, not self-employed, in the Addison Lee appeal case, meaning that the drivers are entitled to be paid the national minimum wage/national living wage and holiday pay. Nevertheless, Addison Lee may be considering a further appeal to the Court of Appeal
Uber is currently awaiting the outcome of its Court of Appeal case.
Addison Lee Appeal Fails
The Central London Employment Tribunal ruled at first instance on the 25th September 2017 that Addison Lee’s drivers were workers, not self-employed. In finding against Addison Lee, Employment judge, David Pearl, stated that the argument that the drivers were self-employed “defied evidential gravity” and that “the drivers were not in any realistic sense contracting with Addison Lee….they were in a subordinate position.”
Addison Lee appealed to the Employment Appeal Tribunal (EAT). However, the EAT have now also found against Addison Lee, upholding the original decision that the drivers are workers, not self-employed. In dismissing the Addison Lee appeal, the EAT stated that the “unrealistic terms and conditions” did not reflect the true reality of the business relationship between Addison Lee and its drivers.
The GMB’s legal director, Sue Harris, stated: “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 companies on behalf of our members.”
In its response to the outcome of the Addison Lee appeal, the company stated: “We note the appeal verdict, which we will carefully review. Addison Lee is disappointed with the ruling as we enjoy a positive relationship with the vast majority of our 3,800 driver partners. In common with most of the industry, the majority are self-employed, and with earnings at a record high.”
Possible Appeal To The Court of Appeal
According to the Guardian, Addison Lee may appeal to the Court of Appeal.