Addison Lee v 800 Drivers
The £200,000 Costs Order That Followed a Faked Email
What Happened
800 Addison Lee drivers claimed they were workers (entitled to holiday pay and minimum wage), not self-employed contractors.
Addison Lee’s defence: “No, our drivers have flexibility. They can refuse jobs without penalty. We changed our system in 2020.”
Their proof? An email from July 2020 where the COO told managers: “Do not apply any bans or suspensions to drivers who refuse work.”
This email was the cornerstone of their defence.
One problem: it was fake.
The Twist
During the October 2024 hearing, Bill Kelly (Operations Director) admitted he created the email in September 2024 – four years after its supposed date. He altered an old email chain. The COO didn’t know it was fabricated and sent it to lawyers believing it was real.
Kelly’s explanation: “I don’t know why I did it. I didn’t intend it to be used in tribunal.”
What did the Tribunal Say?
The conduct was “abusive and unreasonable.”
“Coming clean” didn’t undo the fact the document was false and relied upon as key evidence.
Result:
- All 800 drivers declared workers
- £200,000 costs order
- Remedy hearing February 2026
- Reputation destroyed
3 Lessons for HR
- When asked to “find” evidence you don’t have, the answer is “it doesn’t exist”, not creative writing!
- Your legal team can only defend the truth – give them fake evidence and everyone loses
Admitting fabrication doesn’t save you from costs or consequences.
