England and Wales Case Law

BCA Logistics Ltd v Brian Parker & Ors

The Employment Tribunal's finding that the substitution clause was not genuine and did not reflect the true agreement between the parties was based on credible evidence, practical realities, and the absence of any actual use of substitutes over 25 years. The Tribunal did not err in law by its treatment of witness evidence or substitution interactions, and its conclusion that the claimants were 'workers' was rational and inevitable.

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• Worker status
• Personal service
• Substitution clause
• Employment rights
• Minimum wage
• Working time

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Ryanair DAC & Anor v Jason Lutz

Mr Lutz was a 'crew member' employed by MCG for CAWR purposes and an 'agency worker' under AWR because the factual reality and contractual arrangements established an employment relationship under EU law, the right of substitution was a sham or so fettered as to require personal service, and the supply was for a fixed term and thus temporary. The ET's findings were supported by law and evidence, and the appeals disclosed no error of law.

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• Agency workers
• Employment status
• Working time
• Annual leave
• Personal service
• Temporary work

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B Knight v Off Broadway Limited

The tribunal erred by failing to specifically apply the Shimizu principles regarding the employer's duty to inform the employee about the loss of untaken leave and by not making findings on whether that duty was fulfilled. The appeal is allowed to the extent that these issues are remitted for further determination.

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• Working time
• Holiday pay
• Carry-over of leave
• Covid-19 regulations
• Burden of proof

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British Airways Plc v De Mello & Ors

The EAT considered holiday pay, normal remuneration, deduction series, and leave designation in British Airways cabin crew claims, allowing appeals on both sides and remitting issues.

• Holiday pay
• Normal remuneration
• Unlawful deduction from wages
• Working time
• Allowances
• Series of deductions

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Christopher Johnson v Transopco UK Ltd

The EAT dismissed Mr Johnson’s appeal, holding he was not a worker of the taxi app operator and that the tribunal had properly assessed the relationship in context.

• Worker status
• Employment rights
• National minimum wage
• Working time
• Unlawful deduction from wages
• Protected disclosure detriment

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Addison Lee Ltd v Lange & Ors

Addison Lee Ltd v Lange & Ors [2021] EWCA Civ 594 (22 April 2021)

The Court of Appeal refused Addison Lee permission to appeal in a worker-status and working-time dispute concerning logged-on drivers.

• Worker status
• Working time
• Minimum wage
• Mutuality of obligation
• Worker-status
• Working-time

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Addison Lee Ltd v Lange & Ors

The Court of Appeal refused Addison Lee permission to appeal, holding the drivers had an arguable worker-status case and that logged-on time could be working time.

• Worker status
• Working time
• Minimum wage
• Mutuality of obligation
• Worker-status
• Working-time

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Uber BV and others v Aslam and others

The UK Supreme Court held that Uber drivers were workers for statutory purposes and could claim minimum wage and paid leave when logged into the app and available for trips.

• Worker status
• Gig economy
• Employment rights
• Minimum wage
• Working time
• Contractual interpretation

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Kocur v Angard Staffing Solutions Ltd & Anor

The Court of Appeal held that agency workers are not entitled to the same weekly hours as permanent staff under the Agency Workers Regulations 2010.

• Agency workers
• Equal treatment
• Working time
• Employment contracts
• Eu law implementation
• Agency-workers

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Uber B.V. ("UBV") & Ors v Aslam & Ors

Court of Appeal majority held Uber drivers in London were workers for Uber, not independent contractors, for statutory employment rights and working time purposes.

• Worker status
• Employment rights
• Gig economy
• Minimum wage
• Working time
• Employment contracts

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