Contractor classed as worker

Posted on by Thomas Carroll

In our latest brief Thomas Carroll Employment Law discuss the recent case of Boxer v Excel

Group Services Ltd (in liquidation).

The case found that a cycle courier was a ‘worker’, despite his contract with Excel Group Services classifying him as a contractor and entitles the worker to employment rights such as holiday pay that he would not be entitled to under a self-employed basis.

The Employment Tribunal found that Mr Boxer’s contract did not reflect his relationship with Excel, and that he was not entering into an agreement to provide his business to Excel as a client. The tribunal was influenced in its decision by elements of his contract such as the inequality of bargaining power when Mr Boxer signed the contract; the five-day working week under the supervision of a controller; and the fact that he did not pay insurance.

This ruling follows a series of cases including Aslam and others v Uber BV and others and Dewhurst v CitySprint UK Ltd, in which purportedly self-employed individuals have argued that they are actually workers.

The tribunal awarded Mr Boxer £321.00 in unpaid holiday pay.

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