Radio silence will mean having to hit the red button in retaliation. As far as I know, ... BBC Radio 4 lovers were in a
JUST A MINUTE… Where is Nicholas Parsons?!
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Wg Employment Issue 604/June 2018 So… you’ve worked for fifty years and never taken a sick day. Then at the age of 94, you just take one little sickie and everyone acts like the world is ending. Sound familiar? No. Of course it doesn’t. Because you’re not Nicholas Parsons. Or 94. BBC Radio 4 lovers were in a panic this week, when the popular and a very long-running panel show Just a Minute was chaired by Gyles Brandreth instead of Nicholas Parsons. Parsons, you see, has been hosting the show for more than 900 episodes and you – let’s behas honest – we’re notthe a nation thatmore embraces change. Parsons, see, been hosting show for than 900 episodes and – let’s be honest – we’re not a nation that embraces change. Social media went into meltdown. One fan tweeted that ‘hell had frozen over’. Here at WG Towers we heard the news and briefly considered incinerating all our files and jumping into the Solent. As Howard put it, without a weekly challenge to speak for one minute without repetition, hesitation or deviation, what was the point of going on..? Now, this may seem unduly panicky, until you remember that in the event of nuclear attack, the commanders of Britain’s submarines, safe from fallout in the deep, will only assume it’s game over for us all in the event that BBC Radio 4’s Today Programme is off the air on longwave for three consecutive days. Radio silence will mean having to hit the red button in retaliation. As far as I know, Nicholas Parsons being off the air for one edition of Just a Minute doesn’t signify war. Or does it..? Producer Julia McKenzie was quick to tweet a statement of reassurance: “Just to reassure those listening to the very unexpected Just a Minute on @BBCRadio4 at the moment - the apocalypse is not upon us @GylesB1 kindly stepped in to give Nicholas Parsons a couple of days off. NP is totally fine and is still the guvnor as per the last 50 years.” But if Nicholas is off next week, I will be nervous. And if it goes to a third week… well, let’s just say we’re buying up a lot of Spam and loo roll. Have YOU never had a sick day? Share your pride on our Facebook page. We’d like to know who has toiled on the longest…
A gear change And speaking of getting a break brings me to the case of Addison Lee v Gascoigne. Mr Gascoigne worked as a cycle courier for Addison Lee from 2008 to 2017. At the start of his employment, he was provided a contract stating that he was an “independent contractor” and therefore not classified as a worker under the Working Time Regulations 1998. When delivering to customers Mr Gascoigne would act as a sub-contractor for Addison Lee, which meant he was not able to receive employee benefits. The contract stated that Mr Gascoigne could choose the days and times he would be available. There was no obligation on Addison Lee to offer work, but Mr Gascoigne was obligated to accept work offered. When Mr Gascoigne was logged in to an Addison Lee palmtop computer or app (provided by Addison Lee) he would be deemed to be available and willing to provide work.
EVENT SEASON 2018 PULLING A SICKIE th Wednesday 5 September
COMPLIANT APPRENTICESHIPS th Tuesday 17 July
12 DAYS OF CHRISTMAS nd Thursday 22 November
PRACTICE MAKES PERFECT th Wednesday 17 October
MENTAL HEALTH CHECK Tuesday 10th July
To book onto any of our events email Karen Clarkson or Gina Spampinato at
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Mr Gascoigne’s work pattern was variable. Holiday would usually be pre-booked but there would be no consequences if he failed to do so. Couriers were paid a rate determined by Addison Lee and they were unable to negotiate higher rates. Each courier had a sum deducted weekly for insurance and an “admin fee”. Mr Gascoigne brought a claim to the Employment Tribunal (ET) under the Working Time Regulations 1998, after not receiving holiday pay. The ET held that Mr Gascoigne was not a self-employed contractor, but that he was a worker, and so entitled to statutory holiday pay. The ET held that the relationship as defined in the contract was not the reality of the situation; couriers were required to perform work personally for Addison Lee, under its control rather than Mr Gascoigne operating his own business. The ET also held that the contractual relationship meant that Mr Gascoigne was obligated to carry out certain tasks. Addison Lee appealed to the Employment Appeal Tribunal (EAT). The EAT dismissed the appeal and confirmed Mr Gascoigne was a worker for the purposes of the Working Time Regulations 1998 and so was entitled to statutory holiday pay.
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The conclusion reached by the EAT is similar to the decision reached by the EAT previously in Uber BV v Aslam; where Uber drivers were found to be engaged as workers for as long as they were in the territory they were authorised to work, signed into the Uber app and were ready and willing to take bookings. Uber has appealed the decision to the Court of Appeal who will hear the appeal in October 2018. While the decision of the EAT has been highly anticipated to provide some clarity in the area, assessing employment status will always be fact-sensitive and it should not be assumed that all couriers or drivers working in the gig economy will be classified as workers. Each case will need to be assessed on its facts.
A sexual harassment seminar… If you attended our seminar this morning, you’ll be brimming with knowledge of how to deal with sexual harassment in your workplace. The event involved much discussion and some (very careful) role play on this tricky topic. If you didn’t attend you are probably now bitterly regretting your decision. But fear not, we have more events coming up…
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See a full list of our 2018 seminars and masterclasses below:
Mental Health Check – 10th July
Compliant Apprenticeships – 17th July
Pulling a Sickie – 5th September
Practice makes Perfect – 17th October
Twelve days of Christmas – 22nd November
For more details, or to book on to an event, email
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Contact the team Sarah Whitemore (Partner) – 02380 717462 Howard Robson (Partner) – 02380 717718 Lisa Joyce (Associate) – 02380 717447 Emma Kemp (Associate) – 02380 717486 Natalie Rawson (Solicitor) – 02380 717403 Chris Greep (Solicitor) – 02380 717411
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