Addison Lee Ltd v Lange & Ors (JURISDICTIONAL POINTS - WORKING TIME REGULATIONS) [2018] UKEAT 0037_18_1411 (14 November 2018)

Addison Lee Ltd v Lange & Ors (JURISDICTIONAL POINTS - WORKING TIME REGULATIONS) [2018] UKEAT 0037_18_1411 (14 November 2018)

The Employment Tribunal was entitled to find that Addison Lee drivers were limb (b) workers because, when logged on, they were under an obligation to accept jobs allocated by the system, and the written contract did not reflect the true nature of the relationship. Time spent logged on (excluding breaks) was 'working time' as drivers were at the employer's disposal and obliged to accept work.

Citation
[2018] UKEAT 0037_18_1411
Parties
Respondent: Addison Lee Limited; Claimant: Mr Michaell Lange; Claimant: Mr Mark Morahan; Claimant: Mr Mieczyslaw Olszewski
Jurisdiction
United Kingdom
Judgment Date
14 November 2018
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Worker Status, Employment Rights, Working Time, Minimum Wage, Contractual Interpretation
Employment Law Labour Law Worker Status Employment Rights Working Time Minimum Wage Contractual Interpretation

Case Brief

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Parties

Addison Lee Limited

Respondent

Mr Michaell Lange

Claimant

Mr Mark Morahan

Claimant

Mr Mieczyslaw Olszewski

Claimant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Addison Lee drivers are 'workers' under limb (b) of the statutory definition
  2. 2 Whether time spent logged on to Addison Lee's system (excluding breaks) is 'working time' under the Working Time Regulations

Ratio Decidendi

The Employment Tribunal was entitled to find that Addison Lee drivers were limb (b) workers because, when logged on, they were under an obligation to accept jobs allocated by the system, and the written contract did not reflect the true nature of the relationship. Time spent logged on (excluding breaks) was 'working time' as drivers were at the employer's disposal and obliged to accept work.

Court Disposition

Appeal dismissed

Orders

  • Employment Tribunal's decision upheld: Claimants are limb (b) workers and logged-on time (excluding breaks) is working time.