Employment analysis: In Afshar and others v Addison Lee Ltd 7 January 2025 an Employment Tribunal held that drivers engaged by Addison Lee Limited (‘AL’) in its private hire business are workers within the meaning of the Working Time Regulations 1998 (‘WTR’) and the National Minimum Wage Act 1998 (‘NMWA’) and therefore entitled to receive paid annual leave under the WTR and the national minimum wage. In addition, in what is thought to be the first judicial decision on this question, the Tribunal held that the two-year backstop on unlawful deduction claims created by section 23(4A) of the Employment Rights Act 1996 (ERA 1996) is unlawful, having been introduced by regulations which were ultra vires section 2(2) of the European Communities Act 1972 (ECA 1972). Written by Oliver Segal KC and Melanie Tether of Old Square Chambers.
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