A Growing Gig Economy

In Boxer v. Excel Group Services Ltd ET/3200365/2016, Mr Boxer brought a successful claim against Excel Group Services Ltd (Excel) for one week's holiday pay. Mr Boxer had been a cycle courier for Excel since September 2013. His contract described him as a "subcontractor" and he was registered as self-employed with HMRC. Excel did not pay Mr Boxer when he took a week's holiday and so he decided to claim for his holiday pay.

The Employment Tribunal had to decide whether Mr Boxer was a "worker" under section 230(3)(b) of the Employment Rights Act 1996 and regulation 2(1) of the Working Time Regulations 1998 (SI 1998/1833) in order to determine whether his claim could proceed. The Employment Tribunal concluded that Mr Boxer was a worker. The key considerations for the Employment Tribunal in determining this were: