
Following on from cases involving other drivers this year, including Uber, the EAT has upheld an employment tribunal’s decision that private hire drivers working for Addison Lee were ‘workers’ and so were entitled to paid annual leave and the national minimum wage.
Although the contractual documentation stated that the drivers were under no obligation to accept work, and that Addison Lee was under no obligation to offer it, the tribunal was entitled to adopt a ‘realistic and worldly wise’ approach and find that this did not reflect the reality of the working arrangements.
This is another costly warning to employers to ensure that individuals are working under the correct arrangements.
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