Gillani & Ors v Veezu Ltd & Ors [2025] EAT 97
Appeal against an order requiring all Claimants, not just the lead Claimants, in this group action to provide detailed particulars. Appeal allowed.
The 509 Claimants brought claims for holiday pay, failure to pay the national minimum wage and failure to provide written statements of particulars of employment. The claims are based on the Claimants being workers, or agency workers, for the Respondent private hire transport companies. The ET is to determine worker status in June 2026 after lead Claimant's are selected. The EJ made an order that all Claimants, not just the lead Claimants, were to provide quite detailed information as to when they were logged into the system and dates of their availability. The Claimants appealed.
The EAT allowed the appeal. The judge had made errors of law in making the order. It was outside the generous ambit within which reasonable disagreement was possible, irrational and perverse. He had struck a proportionality balance on a wrong basis, or based on a misunderstanding of the timetable and of the case management gain the order would deliver; such that the balance had to be revisited. The order was also unlawful on its own terms, too wide, oppressive and disproportionate. It would require all the Claimants, not just the lead Claimants, to provide detailed information without limit of time based on collating and assessing documents or information from possibly unwilling third parties, against which coercive measures might be needed.
Published: 24/07/2025 13:24