Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

National living wageWritten statement of employment particularsLatest NewsGig economyRetail

Amazon delivery drivers launch claim for employment rights

by Jo Faragher 13 Oct 2021
by Jo Faragher 13 Oct 2021 Pic: Chris Pancewicz / Alamy Stock Photo
Pic: Chris Pancewicz / Alamy Stock Photo

Law firm Leigh Day is looking to launch group action against Amazon to secure employment rights for drivers.

It will argue that delivery drivers hired via third party companies should be given the same rights as direct Amazon employees.

According to Leigh Day, drivers who work for Amazon’s “delivery service partners” are not entitled to the national minimum wage or an employment contract because they are self-employed.

The firm has already started legal action on behalf of two drivers and is now looking for others to join a group action.

It believes they could be entitled to an average of £10,500 compensation for each year they have delivered for the company. Leigh Day estimates that at least 3,000 drivers could be eligible for compensation totalling £140 million.

Similar to Uber or other taxi hailing companies, Leigh Day claims that Amazon drivers are given estimated timings between deliveries via an app. They are not allowed to bring parcels back to the depot at the end of the day so must use extra fuel to redeliver, according to Leigh Day.

Amazon refutes this claim, saying no estimated timings are given, and that the routing app is used for guidance only. Drivers are also compensated for fuel rather than this coming out of their earnings, a spokesperson said.

Employment status

Determining employment status

Supreme Court rules that Uber drivers are workers 

After expenses for van rental, fuel and insurance, they are left with little in earnings, the firm alleges. One driver told the firm that “Amazon controls everything you do” and that the company would call him if he stopped his van for a few minutes.

Amazon also denies this claim, reporting that drivers would be contacted by a delivery partner as would be the same for any delivery company.

In February this year, the Supreme Court ruled that Uber drivers were workers – and therefore entitled to basic rights such as paid holiday – with much of the case resting on “subordination and dependency” and the amount of control exerted by Uber and its app.

Kate Robinson, a solicitor in the employment team at Leigh Day, said Amazon was “short-changing” drivers who work for third-party partners.

“This is disgraceful behaviour from a company that makes billions of pounds a year. Drivers delivering for Amazon have to work set shifts and book time off, yet Amazon claims they are self-employed,” she said.

“Paying out compensation of £140m sounds like a large bill to foot, but for a company that turned a profit of £5.8bn in the first three months of 2021, it’s a drop in the ocean.

“For drivers on the other hand, earning at least national minimum wage, getting holiday pay and being under a proper employment contract could be life changing.”

Seb Maley, CEO of employment status company Qdos, said Leigh Day’s latest claim showed momentum was building in terms of gig economy workers seeking employment rights.

“It’s yet another case that exposes the confusing nature of employment law, which potentially leaves millions of workers somewhere between self-employment and employment. On the flipside, it can leave businesses engaging these workers unsure of their obligations,” he said.

“Despite being classed as self-employed, contractual terms often mean gig economy workers have little control over how they provide their services. As a result, their true employment status edges closer to employment rather than self-employment. We’ll have to wait and see if this is the case here.”

An Amazon spokesperson said: “We’re hugely proud of the drivers who work with our partners across the country, getting our customers what they want, when they want, wherever they are.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“We are committed to ensuring these drivers are fairly compensated by the delivery companies they work with and are treated with respect, and this is reflected by the positive feedback we hear from drivers every day.” It added that drivers earn a day rate of at least £120. 

HR jobs in distribution and logistics on Personnel Today


Browse more HR jobs in distribution and logistics

Amazon
Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

previous post
Social care staff shortage worsens as turnover rises
next post
Short courses to build STEM skills launched

You may also like

How can businesses build protections for gig workers?

7 May 2025

Uber drivers experience ‘false autonomy’ over work

16 Apr 2025

Home Office reveals employers’ costly right-to-work mistakes

7 Apr 2025

New right to work checks put onus on...

3 Apr 2025

Close loopholes that let rogue firms undercut best...

3 Mar 2025

‘Freelance’ apps warned they could be breaking law

28 Jan 2025

Deliveroo, Just Eat and Uber face calls for...

20 Jan 2025

Bolt drivers win worker status at tribunal

8 Nov 2024

McDonald’s accused of threatening Uber Eats drivers

28 Oct 2024

Lib Dems unveil 2024 election manifesto

10 Jun 2024

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+