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Drivers working for Royal Mail-owned delivery organisation eCourier have brought a group legal claim arguing they have been denied workers’ rights after being classed as self-employed independent contractors rather than workers.
The claim is being brought by law firm Leigh Day for an initial group of 15 former eCourier drivers who are members of the IWGB union. A larger group of drivers who work or have worked at eCourier in the past 10 weeks are ready to join the claim, with approximately 500 drivers estimated to be eligible to join.
The drivers believe that, in practice, they should be classified as workers rather than independent contractors, in which case they would be entitled to protections under UK employment law. If successful in their claim, they could be entitled to compensation for unpaid holiday and not receiving at least the national minimum wage. The drivers also argue that eCourier has failed to provide them with a written statement of employment particulars, which could result in additional compensation.
In addition, the drivers argue that the level of control eCourier exerts over their roles, for example, in directing routes, setting delivery expectations and penalising individuals for turning down jobs, means they should be reclassified as workers.
In order to be included in the claim and be eligible for any compensation should the case be successful, drivers must have signed up to opt in.
The majority of drivers involved to date are based in London and the South East, with a smaller presence in Birmingham, Manchester and Peterborough.
Liana Wood, employment partner at Leigh Day, said: “Our clients believe that eCourier is wrongly classifying its drivers as self-employed in order to avoid paying them fairly and providing basic workers’ rights. The way these drivers operate, under significant control and pressure from eCourier, means they should be classed as workers. We hope this claim will ensure that they are properly compensated and that the [organisation] changes how it treats its drivers going forward.”
An eCourier spokesperson added: “We are aware of this claim. eCourier already offers couriers the choice of being engaged either as workers (with entitlement to rights such as holiday pay and sick pay) or as self-employed contractors – most have preferred to engage via the independent contractor arrangement.”
