Gascoigne v Addison Lee Limited

A recent employment tribunal decision ruled that Chris Gascoigne was a worker for Addison Lee even though his written contract stated that he was self-employed. The ruling proves that a contract alone will not be sufficient to prove self-employed status if it does not reflect the actual working practices.

Mr Gascoigne passed the key tests that classed him as a worker.

• When a job was made available he didn’t have the right to refuse work.
• Mr Gascoigne had an appointed controller and supervisor that he had to keep in contact with, therefore he was subject to control.
• Mr Gascoigne had to carry out his duties personally so he could not be substituted for another worker. 

The judge applied previous case law Autoclenz v Belcher (2011) to prove that the business to business contract was a sham as there is a clear inequality of bargaining power. In a normal business to business relationship, there would be an opportunity for each party to renegotiate terms and clearly, this was not the case.  Addison Lee has over 5000 mini cab drivers who are classed as self-employed.  If their work involves similar circumstances to Mr Gascoigne’s case Addison Lee may face further claims. However, it is likely that Addison Lee will appeal the decision.

The result follows the trend of other high-profile cases where gig economy workers have been trying to gain worker’s rights including Uber, Amazon and Pimlico Plumbers. See our earlier articles by following the links.

If you engage self-employed contractors and you have any concerns over their employment status call Aspire on 0121 445 6178 or email enquire@aspirepartnership.co.uk