Drivers working for Royal Mail’s courier firm eCourier have launched a group legal claim arguing they have been unlawfully denied workers’ rights by being misclassified as self-employed, independent contractors.
The claim is being brought on behalf of an initial group of 15 former eCourier drivers who are members of the Independent Workers Union of Great Britain (IWGB).
A larger group of drivers who work or have worked at eCourier in the past 10 weeks are also understood to be ready to join the growing claim. According to the law firm Leigh Day, which is representing the drivers, it is believed that as many as 500 could be eligible to join.
The drivers believe that, in practice, they should be classed as workers rather than independent contractors and are therefore entitled to protections under UK employment law.
If successful, the eCourier drivers could be entitled to thousands of pounds in compensation for unpaid holiday and for 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.
eCourier is a Royal Mail-owned delivery company that, among other services, operates a medical courier service delivering blood and equipment.
It currently engages drivers on a self-employed basis. However, the drivers argue that the degree of control eCourier exerts over them – such as directing routes, setting delivery expectations, and penalising drivers for turning down jobs – means they should be reclassified as workers.
Most drivers operate in London and the south east, with a smaller presence in other cities such as Birmingham, Manchester, and Peterborough.
The law firm has previously brought a successful claim by drivers against private hire company Uber. The firm is also bringing claims against Bolt and Addison Lee, as well as vehicle marketplace BCA, which claims its drivers and couriers are self-employed contractors and therefore not entitled to workers’ rights.
IWGB president Alex Marshall said: “For most people the gig economy, synonymous with exploitation and a lack of basic rights for workers, is primarily associated with companies such as has Deliveroo and Uber. However, this kind of exploitation is rampant in our healthcare sector, with couriers providing life-saving services being denied a guaranteed minimum wage, holiday pay and pensions.
“If a loved one is in critical condition, the courier with ‘Urgent Blood’ on their bike racing to save their life may be making less than minimum wage and struggling to survive. Companies like eCourier have benefited from a lack of scrutiny and regulation, with the Employment Rights Bill overlooking many of these issues, leaving it down to workers to organise and firms like Leigh Day to litigate to right these wrongs.”
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 company changes how it treats its drivers going forward.”
In response, an eCourier spokesperson confirmed the company was aware of the legal 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,” the spokesperson said.
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