A contract between Addison Lee and an ‘independent contractor’ cycle courier has been found to be an inaccurate reflection of the actual working relationship. Despite flexible working hours, the level of control exercised by the Company and the requirement of personal performance rendered the claimant a worker and entitled to holiday pay.
This is the latest in a number of cases where those working in a ‘gig-economy’ have been held to be workers.
A company should be mindful that, even with a self-employed contract in place, if the actual relationship does not truly reflect the contract, then it could find the individuals are actually workers or dependent contractors. A company should reasonably and realistically examine the company’s level of control over the individual and the working relationship as well as considering whether the contractor is required to provide a personal service, who sets the rates of pay, the ability to decline work, and the overall mutuality of the relationship.