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Addison Lee driver claim

Leigh Day acts on behalf of Addison Lee drivers who claim that they should be treated as workers rather than self-employed contractors. Call us on 020 3813 5040

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140 have joined the claim

If you are an Addison Lee driver, we believe that you are a worker and should be entitled to workers' rights. Addison Lee drivers who join the claim will be entitled to around £10,000 in compensation.

If you are an Addison Lee driver, we believe that you are a worker and should be entitled to claim the following:

  • The right to paid holiday
  • The right to receive the National Minimum Wage
  • The right to raise concerns, such as about health and safety, without the fear of being punished.

Who can claim?

Anyone who:

  • Is currently an Addison Lee driver or has driven for Addison Lee within the last 10 weeks;
  • Works or worked as a passenger driver (rather than a courier driver) at least some of the time;
  • Drives or drove an Addison Lee branded car.

We calculate that the average Addison Lee driver will be entitled to around £10,000 in compensation. We are acting under a “no win no fee” agreement, so you don’t have to pay anything unless you win your claim (and as long as you stick to your agreement).

 

What are the costs?

  • Leigh Day is running this claim on a ‘no win-no fee’ basis, which means that, providing they keep to the terms of the agreement, our members will only pay in the event of the tribunal finding in our favour. If you win, we will deduct 25% plus VAT from your compensation. This fee is reduced to 20% plus VAT if you are an existing member of the UPHD (IWGB) trade union or join UPHD (IWGB) within 28 days of agreeing to the no win no fee. 
  • You won’t have to pay costs if the claim fails. An employment tribunal is a cost neutral venue, meaning each side pays its own costs (The rare exception to this is if either party acts in an unreasonable or dishonest way).
  • Find out more about fees and costs via our FAQs page.

 

Important information

  • As a worker, you have legal protection against Addison Lee acting to your detriment in any way for claiming these rights.
  • If Addison Lee try to remove or change the conditions of your work because of your claim, you may be entitled to additional compensation.
  • This claim is about showing that you are a worker for the purposes of your employment rights, and we are not disputing your tax status in bringing this claim. You can be both a worker in relation to your employment rights and self-employed for tax purposes.

Leigh Day has already been successful for Addison Lee drivers

Addison Lee use contracts that attempt to classify drivers as self-employed independent contractors. Leigh Day has already been successful in showing that Addison Lee drivers are workers and so are entitled to holiday pay and to be paid at least the National Minimum Wage.

In September 2017 the Employment Tribunal ruled that three Addison Lee drivers were workers. Leigh Day represented these drivers.

Addison Lee appealed to the Employment Appeal Tribunal, which upheld the Tribunal’s ruling that drivers are workers in 2018. They appealed again to the Court of Appeal and that appeal is likely to be heard in 2021.

Here you’ll find information on all the steps you need to go through to join the claim.

How it works

Starting your claim

To start your claim you simply need to complete our short online form. You can access the form here. Please be assured your details are not shared with anyone and we have a strict privacy policy to keep your details safe.

Working On A Computer

Funding agreement

Your application will be sent to on of our legal experts handling the claim. They will assess whether you are eligible to join the claim.

If you are eligible you will receive an email with a link to read and accept the terms of the claim.

Once you accept the Damages Based Agreement (DBA) and the Client Care Letter (CCL) your claim will be registered.

Contract Signing

What happens next?

Once you are part of the claim, we (Leigh Day) get to work. Our legal teams will notify ACAS of your intention to start proceedings and submit your claim to the Employment Tribunal. There will be no need for you to attend the tribunal unless you would like to do so.

We will, of course, keep you updated on your claim along the way.

Lawyer

FAQs

Leigh Day is bringing claims for Addison Lee drivers to receive holiday pay and at least the national minimum wage. Find out more about the Addison Lee claim

If I win my claim, how will I be compensated?

We estimate that the average Addison Lee driver is entitled to around £10,000 in compensation.

We are claiming:

  • Back pay for unpaid holiday
  • Compensation if you received less than the National Minimum Wage

We will calculate your compensation using documents such as your driver statements, bank statements, records of hours worked and receipts.
At the end of the claim, if we win, we will deduct 25% plus VAT from your compensation for our legal fees.

If we lose the claim, will I have to pay Addison Lee’s legal fees?

If we lose the claim, you will not have to pay Leigh Day’s fees.

If you lose, you should not have to pay Addison Lee’s legal fees, unless there are exceptional circumstances, such as if you behave in a vexatious, abusive, disruptive or otherwise unreasonable manner, or ignore an order of the Tribunal.

Can I join the claim if I no longer drive for Addison Lee?

We are bringing claims for drivers who have worked for Addison Lee in the last 10 weeks.

If you have not driven for Addison Lee in the last 10 weeks, please register your details on the sign-up page [link to page] as you may be able to join the claim in the future.

Will the claim mean I am no longer self-employed or become a PAYE employee?

No. This claim is about workers’ rights, in particular your right to receive holiday pay and at least the minimum wage - you can both be a worker to receive workers’ rights and self-employed for tax purposes.

We are not challenging the fact you are self-employed for tax purposes. We recognise that some drivers want to remain self-employed.

What rights am I entitled to if I am a worker?

As a worker, it would be compulsory for Addison Lee to give you the following rights:

  • paid holiday 28 days a year (regardless of what contract you have signed, either now or in the future);
  • National Living Wage, meaning earnings equivalent to at least £8.72 an hour (£8.20 if under 25), net of expenses;
  • Protection from Addison Lee removing your work or cutting your pay as a result of claiming worker rights;
  • Protection from unlawful discrimination;
  • Protection for whistleblowing (reporting wrongdoing in the workplace).

What impact would Addison Lee’s appeal in the Court of Appeal have on my legal claim?

In 2017, the Employment Tribunal ruled that three Addison Lee drivers were workers, which entitled them to rights such as holiday pay and the minimum wage. Leigh Day represented these drivers.

Addison Lee appealed the decision and in 2018 the Employment Appeal Tribunal again upheld the original decision that Addison Lee drivers are workers. Addison Lee has appealed again to the Court of Appeal. The Court of Appeal hearing is stayed until after there is a decision in the Uber Supreme Court hearing which was held in July 2020.

We consider that the Court of Appeal is very likely to agree with both the Employment Tribunal and the Employment Appeal Tribunal that the drivers were workers. We also think that the outcome should apply to other drivers who bring legal claims, as all Addison Lee drivers’ working arrangements are very similar.

Could I lose work or have my pay reduced for bringing a claim?

We are not aware of Addison Lee drivers being penalised for bringing a claim.

We cannot guarantee how Addison Lee will respond to the claim. However, drivers have legal protection from Addison Lee acting to your detriment if you bring a claim.

We believe that there would be a good case for arguing that it is unlawful for Addison Lee to remove or change the conditions of your work because of your claim and that you would be entitled to additional compensation.

I understand the law says I can only claim holiday pay back for 2 years. Is this right?

There are regulations which limit a company’s liability for holiday back pay to two years from the date a claim is presented.

However, some case law has raised the possibility of challenging these regulations so that workers can claim back holiday pay from the introduction of the Working Time Regulations in 1998.

We intend to build upon these legal cases to challenge the two-year limit and claim for the full period of your work.

Does bringing a claim mean that Addison Lee will introduce set shift patterns?

An individual can be a self-employed worker and still have some control over the hours and shifts they work.

If Addison Lee tries to impose set hours and shifts, this may mean that you can claim that you are an employee, but we are not aware that Addison Lee has suggested that they wanted to take this step.

If you can’t find what you want on the website, a member of our team will be happy to talk you through the process.

Email: aldrivers@leighday.co.uk

Phone: 020 3813 5040