Addison Lee has been refused permission to appeal a landmark worker rights case brought by the Independent Workers Union of Great Britain (IWGB) and bicycle courier Chris Gascoigne, marking the first time a court has denied a gig economy company the right to appeal an employment rights decision.

Addison Lee had requested permission to appeal the decisions by the Employment Appeal Tribunal (EAT) and Central London Employment Tribunal, which stated that Gascoigne was a worker and entitled to basic employment rights such as holiday pay. This request was denied by the Court of Appeal.

In the first ruling at the employment tribunal in 2017, which was later upheld by the EAT, employment judge Joanna Wade had been scathing about Addison Lee's use of contradictory language in its contract and its attempts to frighten off Gascoigne. The tribunals found that the company had unlawfully denied Gascoigne basic employment rights by classing him as an independent contractor, rather than a worker.

Courier and claimant Chris Gascoigne said: “I'm glad that after years of fighting this in the courts, there is now no question that I was a worker and entitled to employment rights. This case wasn't just about me, but about all the other hundreds of Addison Lee couriers that were on exactly the same contract that I was on. I hope with this victory the company stops acting unlawfully and grants all couriers the rights they are legally entitled to.”

IWGB General Secretary Jason Moyer-Lee said: “After several years of a delay strategy Addison Lee has now come to the end of the road. The company is unlawfully depriving their couriers of employment rights and its defence is unarguable. It's time for Addison Lee to accept it has lost and start giving its couriers holidays, pensions and other basic rights.”

In December 2017 an Addison Lee manager was caught on camera admitting to blacklisting a courier due to his trade union activity.

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 SOUTHAMPTON

A BOGUS cab driver used stickers to trick potential customers into thinking he was behind the wheel of a licensed taxi.

Dennis Hewlett used chequered stickers to make his car look like a private-hire vehicle.

He also stuck no-smoking signs in the front windows of his dark-blue Vauxhall Zafira.

But he was caught out when he picked up two people who turned out to be council licensing agents.

The pair, who were working a joint sting between Southampton City Council and Eastleigh Borough Council, were picked up while standing outside Boomerang bar in Hamble.

They were approached by Hewlett, in his fake taxi, who picked them up and drove them to the Tesco store in Bursledon.

Southampton Magistrates’ Court heard how he then charged the pair a fare and gave them a business card before they got out.

He was then approached by a third council worker, in another car, who followed the unlicensed vehicle.

Eastleigh Borough Council prosecutor Dave Foster said both Hewlett, of Meon Court, Southampton, and his vehicle, were unlicensed to provide either private hire or taxi services.

He failed to appear at court last week and was found guilty of illegally plying for hire in his absence.

His sentencing was adjourned until later this month to enable the council to make further enquiries.

On the same day, Eastleigh Borough Council also successfully prosecuted a licensed private hire driver who was illegally picking up passengers from a taxi rank.

Private-hire vehicle journeys must be pre-booked, while licensed Hackney Carriage drivers can carry out street and taxi rank pick-ups.

Minicab driver Shaun Scott, 46, of Fleet End Road, Warsash, was caught out in a separate sting, when he agreed to drive two undercover licensing officers from near the taxi rank at Eastleigh rail station to Botley last November.

He was hit with fines and costs in excess of £2,000 for the offence and for driving without valid insurance – which would have covered him for taxi rank pick-ups.

Scott, who was sentenced in his absence, also had eight penalty points added to his licence.

Eastleigh Borough Council’s Cabinet Lead for Transport, Councillor David Airey, said: “These two prosecutions are an excellent result for the legal and licensing teams and are a tribute to the painstaking way they build a case.

“Unlicensed drivers are not DBS (formerly CRB) checked and have not passed the Fit and Proper Person Test that indicates their suitability for the role.

“Getting a lift in an unlicensed vehicle , or a private hire vehicle that has been plying for trade, means that passengers are not insured in the event of an accident.”

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