London employment tribunal supports cycle courier’s holiday pay claim

In another potential blow for the UK’s “gig economy”, the London Central Employment Tribunal ruled last week that Excel had been wrong in classifying the bicycle courier Andrew Boxer as an independent contractor and not giving him holiday pay. Boxer started working for Excel in September 2013 and, even though he signed contracts which referred to him as a “contractor” or “sub contractor”, the tribunal found that his contract was not a true reflection of his employment status, adding that he should be classified as a “worker”.

Boxer informed the hearing that he signed the contract because he “had no choice”.

“They would have laughed at me if I had challenged a particular clause,” Boxer added.

Boxer said that he worked for the company for about nine hours a day for five days a week, and he had no opportunity to negotiate his pay rate or to provide someone else to do work on his behalf.

The tribunal made its ruling last Thursday (23 March).

Boxer’s case was supported by the Independent Workers Union of Great Britain (IWGB), which also championed the claims of Maggie Dewhurst, a courier who won a similar ruling against City Sprint in January.

The IWGB has also brought test cases Addison Lee and Ecourier, and hearings on these cases are expected in May and July respectively.