Jurisdiction(s):
United Kingdom

Addison Lee v Afshar [2024] EAT 114: EAT upholds deposit orders; prior Lange worker-status ruling relevant; criminal-conviction analogy rejected in mass driver claims

Published on: 23 July 2024

Published by a Law360 reporter

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Article summary

Addison Lee Ltd v (1) Afshar & Others (2) Mushtaq & Others (3) Akinyeye & Others [2024] EAT 114

Employment Appeal Judge Martin Griffiths held that the earlier tribunal committed no error in referring to prior Addison Lee litigation and in making deposit orders against three elements of the minicab company’s defence to claims by more than 300 drivers who maintain they are not genuinely self-employed and should be remunerated as workers. Judge Griffiths observed that earlier findings were not decisive, yet the employment tribunal was permitted to regard them as relevant and to take them into account when evaluating the prospects of success. They did not establish the point, but they were indicative. In 2017, Leigh Day represented three Addison Lee drivers who obtained recognition as workers in Lange v Addison Lee (ET Case No. 2208029/2016, 2208030/2016, 2208031/2016). The tribunal decided they were entitled to workers’ rights for the entire time they were logged into the company’s system, whether or not they were actually driving...

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