The very recent case of Gascoigne v Addison Lee Limited is the latest in the growing line of recent Gig Economy cases.
Mr Gascoigne was a cycle courier providing services to Addison Lee for more than nine years.
He argued that he was a “worker” (a middle ground between an employee and self-employed) and as such was entitled to one week’s holiday pay.
The Tribunal found Mr Gascoigne was a “limb(b) worker” and as such he was entitled to be paid holiday pay.
In arriving at this decision the Tribunal noted:-
• The parties worked together as a team;
• Mr Gascoigne was expected to work under Addison Lee’s direction when logged onto the system;
• The written contract did not portray the relationship correctly; and
• Mr Gascoigne was required to work personally.
The case demonstrates that whilst those who are working in the Gig Economy may not always be “employees” they may alternatively be regarded as “workers” with entitlements to holiday pay, National Minimum Wage and/or pension, etc.
Do you find yourself in a similar situation? Contact DPH Legal for specialist advice.
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