GMB launches legal case against UK Express
The GMB union has filed a legal claim against UK Express, arguing that its drivers – who make deliveries for Amazon – should be classed as “workers” rather than “self-employed”. In a statement sent to Post&Parcel today (31 March), GMB said that the claim “aims to tackle the growing trend of bogus self-employment and gig economy exploitation” – and follows on from the union’s victory against Uber in October and a recent case lodged against the DX Group.
UK Express has its headquarters in Birmingham but is currently advertising for drivers in Manchester, Grimsby, Swindon, Derby, Leeds, Penrith, Hull, Exeter, Blackburn, Carlisle, Bristol, Bradford, Crewe, Hartlepool, Scarborough, Nottingham, Scunthorpe, Middlesbrough, Sheffield, Birmingham, Newcastle, Liverpool, Kendal, Lincoln and Sunderland.
The statement from the union said: “GMB believes that UK Express drivers fall into the same category as Uber drivers, in that although they currently have ‘self-employed’ status, they should actually be classed as workers.
“The distinction is important because workers are entitled to basic employment rights such as minimum wage, holiday or sick pay.
“People working as self-employed are not.”
The union statement continued: “GMB has taken the legal cases on behalf of members who deliver for Amazon, contending that the drivers should be classed as workers, meaning they would be legally entitled to 5.6 weeks paid annual leave per year, the National Minimum Wage at £7.20 per hour for over 25s, increasing to £7.50 from April 2017, paid rest breaks and whistleblower protection.”
Maria Ludkin, GMB Legal Director, commented: “This is another case in a long line of legal battles around bogus self-employment.
“Employers might not like paying the Minimum Wage or giving their workers the protections they’re entitled to in the workplace, but I’m afraid it’s not optional. UK Express deliver for some of the world’s largest companies, in this case Amazon.
“The drivers delivering for Amazon – like Uber drivers and delivery drivers for DX – cannot be classed as anything other than employed when you look at the law.”
Nigel Mackay, a lawyer in the employment team at Leigh Day, added: “UK Express is paid by Amazon to deliver its parcels. We believe Amazon should require its contractors to provide workers with their legal entitlements, including paid holiday and National Minimum Wage, and to stop fining staff if they are unable to work.”
