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Courier a worker not independent contractor
A former cycle courier who worked for Addison Lee was employed as a worker, not as an independent contractor. He should, therefore, have been entitled to employment rights, including holiday pay and the National Minimum Wage (NMW), an employment tribunal has ruled.
Christopher Gascoigne, who worked for Addison Lee as a cycle courier for seven years, contended that he should be classified as a worker rather than an independent contractor, and was therefore entitled to receive holiday pay, the NMW and protection against discrimination. His claim was supported by the Independent Workers Union of Great Britain (IWGB).
Employment judge Joanna Wade highlighted Addison Lee’s use of contradictory language in its contract to avoid the courier being treated as a worker.
Wade also said she was saddened that the contract included a clause “designed to frighten him off from litigating”. It stated that he should “indemnify Addison Lee against any liability for any employment-related claim or any claim based on worker status brought by you”. This, said Wade, “suggests they knew the risk of portraying the claimant as self-employed”.
The amount of holiday pay owed to Gascoigne by Addison Lee will now be decided at another tribunal hearing.