Royal Mail eCourier drivers launch legal battle over worker rights
Legal action has been launched against Royal Mail eCourier by drivers claiming they have been unlawfully denied workers’ rights by being classified as self-employed independent contractors.
A group of 15 former eCourier drivers, who are members of the IWGB union, are bringing the ‘opt-in’ claim, led by claimant law firm Leigh Day, which has brought similar claims against Bolt, Uber and Addison Lee.
eCourier, a Royal Mail-owned delivery company that operates a medical courier service, delivering blood and equipment, currently engages drivers on a self-employed basis.
However, the drivers argue that they should be classified as workers rather than independent contractors and therefore be entitled to protections under UK employment law.
It is alleged in this claim that due to the control eCourier exerts over the driver, such as directing routes, setting delivery expectations, and penalising drivers for turning down jobs, they are arguing that they should be reclassified as workers.
Commenting on the claim, Leigh Day partner Liana Wood, 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,” she added.
Earlier this year, around 700 drivers of the private hire taxi firm Addison Lee were successful in arguing that they should be classified as workers rather than self-employed independent contractors.
Leigh Day also successfully represented Uber drivers in a worker rights claim that reached the Supreme Court in 2021, which ruled that Uber drivers were workers, rather than self-employed contractors.
The firm is also acting on several equal pay claims against major retailers, including Asda, Sainsbury’s, Tesco, Morrisons, Co-op and Next.
An eCourier spokesperson said: “We are aware of this 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.”