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Some eCourier staff members who deliver NHS samples have alleged they have been wrongly classed as self-employed
Dozens of eCourier workers are taking legal action against a Royal Mail owned courier service, alleging they have been wrongly classified as self-employed staff.
A total of 46 drivers are identified as self-employed by eCourier, and it is these people who consistently make deliveries, including transporting vital blood and tissue samples to and from NHS hospitals.
The case brought forward by the staff members is set to be heard at an employment tribunal this year. It claims the firm has wrongly classed the individuals as self-employed, even though elements of their work point to a worker status.
Such a classification for the workers would entitle employed staff to holiday pay and minimum wage.
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The drivers are being represented by law firm, Leigh Day, which raised a similar challenge on behalf of Uber drivers in 2021, the Guardian reported.
Back in February of that year, the supreme court ruled Uber drivers should be classified as workers instead of self-employed individuals.
eCourier drivers who have chosen to raise this allegation have said the level of control over their work, including how jobs are issued to them and the availability and performance expectations, are not consistent with that of self-employment.
An anonymous claimant told the publication: “We need eCourier to change how they categorise us. We deserve to have holiday pay and the other benefits associated. We want drivers to be treated with the respect they deserve.”
Another driver added: “I work 12-hour shifts, five days a week, but depending on how many jobs I get, I can take home less than the minimum wage. Sometimes, I’m sitting in the van for five or six hours on my shift without work.
“We have to pay our own vehicle rental, fuel and tax. Most of my work is delivering patient samples to NHS hospitals. I want to see a change in how drivers are treated and I just want things to be fair.”
Mandy Bhattal, an employment partner at Leigh Day, said: “Leigh Day is of the opinion that eCourier is misclassifying their drivers as self-employed, when in reality the drivers are able to point to various factors that indicate they are workers.
“If the eCourier drivers are found to be workers, rather than self-employed, they will be able to claim for holiday pay and national minimum wage, after deductions.
“Being classified as workers enables the eCourier drivers to assert greater employment rights than if they were self-employed.”
Alex Marshall, the president of Independent Workers Union of Great Britain, said: “This case highlights the government’s failure to tackle the deep injustice that runs through the gig economy.
“While ministers promote the employment rights bill as a once-in-a-generation advance for workers, they continue to ignore the elephant in the room: gig economy companies are still being allowed to opt out of basic workers’ rights altogether.
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“For employers who want to deny their workforce fair pay and protections, the gig economy remains wide open for business.”
An eCourier spokesperson said: “We are unable to comment specifically on ongoing litigation matters.
“However, 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.”
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