Addison Lee Ltd v Lange & Ors

Addison Lee Ltd v Lange & Ors

The drivers were workers under section 230(3)(b) ERA 1996 because, when logged on, they undertook to accept and perform driving jobs personally, and the contractual terms purporting to deny this did not reflect the reality of the relationship. Logged-on time, excluding notified breaks, constituted working time as drivers were at Addison Lee's disposal.

Parties
Appellant: Addison Lee Limited; Respondent: Mr M Lange; Respondent: Mr M Olszewski; Respondent: Mr M Morahan
Jurisdiction
England and Wales
Judgment Date
22 April 2021
Procedural Posture
Employment Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
permission to appeal refused
Legal Topics
Worker Status, Working Time, Minimum Wage, Mutuality of Obligation
Employment Law Worker Status Working Time Minimum Wage Mutuality of Obligation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Addison Lee Limited

Appellant

Mr M Lange

Respondent

Mr M Olszewski

Respondent

Mr M Morahan

Respondent

Procedural Posture

Employment Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether Addison Lee drivers are 'workers' under section 230(3)(b) Employment Rights Act 1996
  2. 2 Whether logged-on time constitutes working time for the purposes of the Working Time Regulations 1998 and National Minimum Wage Act 1998

Ratio Decidendi

The drivers were workers under section 230(3)(b) ERA 1996 because, when logged on, they undertook to accept and perform driving jobs personally, and the contractual terms purporting to deny this did not reflect the reality of the relationship. Logged-on time, excluding notified breaks, constituted working time as drivers were at Addison Lee's disposal.

Court Disposition

permission to appeal refused

Orders

  • Addison Lee's application for permission to appeal is refused.
  • Judgment may be cited due to its general significance.