Delivery firm Evri is suing the BBC for approximately £1.2 million in damages over a Panorama documentary that it claims caused "serious financial loss", according to High Court documents. The libel action concerns a 15-minute segment of the 29-minute documentary titled Evri: Where's My Parcel?, which aired on December 15 last year.
Allegations of Exploitative Practices
In court documents seen by the Press Association, barristers for Evri stated that the segment wrongly suggests the company "deployed exploitative business practices" and misled Parliament by falsely stating it did not underpay its couriers. Evri denies these claims, with its lawyers asserting that the broadcast caused the loss of prospective contracts worth around £1.1 million, leading to a claim for "special damages" of about £1.2 million. The company is also seeking "general damages" and an injunction to prevent the BBC from repeating the allegations.
Evri's Legal Argument
Hugh Tomlinson KC, representing Evri, said that the company delivers around 900 million parcels annually, but the "seriousness of the allegations" in the segment harmed its reputation and caused financial loss. He argued: "In its natural and ordinary meaning and in context, the segment meant and was understood to mean that the claimant deployed exploitative business practices designed to reduce pay for its couriers, with the result that they are regularly unlawfully paid less than the national minimum wage; and misled Parliament by providing false categorical assurances that couriers were not unlawfully paid below the minimum wage."
Documentary Description
The documentary remains available online with a description stating that Panorama "goes undercover to investigate the pressures of working in one delivery unit, speaking to unhappy customers as well as couriers who say they struggle to make a living." It adds: "Evri disputes these claims and says it provides a fast, reliable and cost-effective delivery service. It also says its couriers earn more than the national minimum wage."
Financial Impact
Tomlinson continued that the segment caused Evri to lose "prospective contracts which would have generated profits, presently estimated at £1,164,434 pre-tax." He noted that in each case, either the prospective client referred to the broadcast as the reason for not contracting with Evri, or it is inferred that the contract was not pursued due to the segment's publication. Additionally, Evri’s management spent an estimated £32,843 on explaining to customers and clients why the allegations were false and giving evidence to a House of Commons committee as a direct consequence of the broadcast.
Future Losses
The barrister added: "It is highly likely that the claimant’s recruitment of couriers will be impacted on the basis that they will believe that they will not or cannot guarantee that they would earn the minimum wage if they worked with the claimant. This impact is highly likely to lead to future financial losses." The BBC, which has yet to file a defence, has stated it does not comment on ongoing legal proceedings. A hearing in the claim is yet to take place.
