Monday, September 25, 2017

Victory For Addison Lee Drivers As Tribunal Finds They Are Entitled To Basic Workers’ Rights

An important ruling, which will affect thousands of Addison Lee drivers, the Employment Tribunal has today ruled that a group of Addison Lee drivers were not self-employed, as Addison Lee argued, but are workers who are entitled to essential workers’ rights, including to be paid the National Minimum Wage, receive holiday pay and not have their contracts terminated because they are members of a Trade Union.

The drivers’ claims, which are supported by the trade union, GMB, were heard in the London Central Employment Tribunal in July 2017.

Liana Wood, from the Employment team at law firm Leigh Day, which represents the drivers, said: “We are very pleased that the Employment Tribunal has found in favour of our clients.

"This judgment acknowledges the central contribution that Addison Lee’s drivers have made to the success of the company by confirming that its drivers are not self-employed but that they work for Addison Lee as part of Addison Lee’s business.

"Addison Lee advertises itself as a premium driving service and seeks to ensure that its drivers meet the high standard required for that premium service. However, Addison Lee drivers very often work very long hours, in excess of 60 hours a week, in order to just earn enough to cover their basic living costs. Addison Lee has sought to deny its drivers the most basic workers’ rights, including to be paid the National Minimum Wage and to receive paid holiday.

"This is a very important decision by the Employment Tribunal and will go some way to addressing these issues. This decision will not just have an impact on the thousands of Addison Lee drivers but, following on from the decision in Uber, on all workers in the so-called gig economy whose employers classify them as self-employed and deny them the rights to which they are entitled.

There will now be a further hearing in the Employment Tribunal to calculate the holiday and pay that the drivers should receive. 

Source : Leigh Day.

Two other blogs you need to read about the Uber situation. Real news from real reporters 

Reconnections London Transport and beyond

And Zelo Street : Uber's Fake Petition 

Taxi Leaks Extra Comment :

This ruling also sets a precedent against Uber's case, who are appealing against their landmark decision about the way they treat workers. 
It was ruled in court that Uber drivers are not self employed but are in fact employees of the company and entitled to statutory employee rights. 

Uber are returning to court this week with the best lawyers money can buy to to fight against its drivers and appeal the courts decision, but after today's decision against Addison Lee, they don't really have a hope in hell of getting their decision overturned. 

Workers rights come at a cost and journey prices will have to increase to cover the extra running cost.

See ITN London News broadcast.



Anonymous said...

Definately sets a precedent for Uber.

lee ward said...

As much as this will be an additional cost to Uber and Addy Lee, it also becomes an additional cost to all other Legit Private Hire drivers up and down the country.

This is a small victory for the Hackney Trade but one that I truly believe will come back and bight them on the arse.

Their is so much focus on hurting Uber & Co. that the eye is not on the ball and indeed not on the whole field, mark my words gents, this is a false flag for this industry.

Editorial said...

Lee, thess cases was not bought by the Taxi trade,
They were bought by their own drivers

lee ward said...

I know that Editorial...but the drivers in question were hardly drivers were they?

They were some poncy wanna be's that thought they could work when they wanted (as per the adverts) and actually make a living...

the Legitimate drivers of this trade know that the first few 400 quid or so earned is for overheads to run the self employed business that they entered...

Lazy fookers should have found another industry, perhaps local authority...if they didnt want to work for a living like the rest of us do...and that includes both tiers.

Anonymous said...

It's about time the revenue clamped down on this. Firms do this to avoid national ins contributions, maternity pay etc.

Add Lee were the most vulnerable as they supply even the car. A clear master-servant relationship.

A real worry is their drivers seem to exceed the EU safe driving hours applied to Buses and Trucks simply to pay their fees . How long before we need to see a tachograph in these vehicles?

Mark Morahan said...

Lee, I'm one of the drivers involved in this case. Your comments display an ignorance of the true state of this industry and are offensive.

Anonymous said...

Surely, as licensed taxi drivers, who are compelled to drive a certain vehicle and have a meter set by TfL, are we now entitled to look at our case for a minimum wage and benefits from TfL? I won't hold my breath!