Gig economy drivers challenge their status

In a landmark move, a group of former drivers from the Royal Mail-operated eCourier have initiated a legal action, claiming they have been unlawfully denied workers’ rights by being misclassified as self-employed independent contractors. This claim, driven by an initial cohort of 15 former drivers united through the Independent Workers' Union of Great Britain (IWGB), points to a broader issue affecting potentially 500 drivers who have worked for eCourier in the past ten weeks. The drivers insist they should be classified as workers under UK employment law, thus entitling them to various protections.

The drivers, represented by the law firm Leigh Day, argue that their work conditions illustrate an employer-employee relationship rather than a contractor system. “We’re told we’re self-employed, but eCourier controls how and when we work. It doesn’t feel like we have a choice - we just have to accept what we’re given or risk losing out,” said one eCourier driver involved in the claim. Should the legal action succeed, eCourier drivers may be awarded compensation for unpaid holiday and for failing to receive at least the National Minimum Wage.

Furthermore, the drivers contend that eCourier has neglected to provide them with a written statement of employment particulars, which could lead to additional compensation. eCourier functions as a delivery service, including a medical courier operation responsible for transporting blood and essential equipment. The firm engages drivers on a self-employed basis, yet drivers assert that eCourier’s significant control over their work—such as directing routes, establishing delivery expectations, and penalising them for refusing jobs—should warrant a reevaluation of their employment status.

Majority operations of eCourier drivers are in London and the South East, with a smaller contingent in cities like Birmingham, Manchester, and Peterborough. Leigh Day has a track record of successfully challenging similar claims, including those against Uber, Bolt, and Addison Lee, who similarly classify their drivers and couriers as self-employed.

The eCourier claim operates on an "opt-in" basis, meaning eligible drivers must join the claim to be compensated if it succeeds. Leigh Day is pursuing this case under a ‘no win, no fee’ agreement, relieving drivers of any financial liability unless the claim is victorious. IWGB president Alex Marshall highlighted broader issues, stating, “For most people the gig economy, synonymous with exploitation and a lack of basic rights for workers, is primarily associated with companies such as Deliveroo and Uber.” He further noted the pressing need for scrutiny and regulation, particularly concerning workers delivering vital healthcare services.

Adding to the concerns, an eCourier worker emphasised, “We save lives daily, we work closely with hospital staff in the NHS... why is it fair that we’re denied the bare minimum?” Liana Wood, an employment partner at Leigh Day, remarked on the wrongful classification by eCourier, stating, “The way these drivers operate, under significant control and pressure from eCourier, means they should be classed as workers.” The unfolding legal challenge underscores the ongoing fight for fair treatment and rights for gig economy workers across the UK