Hundreds of Addison Lee drivers might be entitled to a mean £10,000 every in compensation after the court docket of enchantment discovered they had been “staff” entitled to the nationwide minimal wage and paid vacation.
Lord Justice Bean dismissed an enchantment by Addison Lee in opposition to a 2017 employment tribunal that discovered that three drivers for the corporate had been entitled to the minimal wage from the time they logged on as able to take passengers to the time they logged off. That call was additionally upheld by the employment enchantment tribunal in 2018.
The ruling is the newest victory for gig economic system staff after the UK supreme court docket dismissed Uber’s enchantment in opposition to a landmark employment tribunal, which discovered that its drivers must be classed as staff with entry to the minimal wage and paid holidays.
Addison Lee has 28 days through which it might enchantment to the supreme court docket however it’s not anticipated to take action.
Liana Wooden, a solicitor on the Leigh Day regulation agency that represented about 100 drivers within the case, stated: “This can be a enormous determination in favour of Addison Lee drivers and yet one more blow to huge companies working within the gig economic system.
“This determination follows sizzling on the heels of the landmark Uber judgment within the supreme court docket. At Leigh Day we hope different corporations with related enterprise fashions to Uber and Addison Lee recognise that they can’t proceed to disclaim individuals primary rights reminiscent of vacation pay and the nationwide minimal wage.”
Steve Garelick, a regional organiser at GMB union, which backed a few of members to carry the case, stated: “This judgment will not be based mostly simply on regulation however good widespread sense and sends an additional message to those that would proceed to take advantage of staff via a bogus self-employment mannequin.
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“We urge Addison Lee to just accept the assorted rulings of the court docket and sit down with GMB to debate how improved situations for drivers makes for a greater office for all.”
A spokesperson for Addison Lee stated: “This can be a historic case, relating to a few drivers who stopped driving for us 4 years in the past. Since then, we’ve since modified our working practices and the best way we have interaction with drivers to make sure we preserve the flexibleness our drivers demand whereas persevering with to supply the very best incomes alternative for the very best calibre skilled drivers.
“Within the final 12 months, beneath new administration, Addison Lee has invested closely to help our drivers’ livelihoods and to maintain them and our passengers secure through the pandemic. We are going to proceed to evolve our enterprise mannequin to make sure we proceed to ship for our drivers and clients alike.”
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