Delivery company Hermes is facing a legal challenge from eight couriers who claim they are being denied basic workers' rights by being classified as self-employed. The case, which opens at an employment tribunal in Leeds today, is the latest in a series of gig economy disputes.
The drivers, who deliver packages for retailers including Next, Asos, John Lewis, Topshop and River Island, argue that they should be entitled to holiday pay and the national living wage. They say they are forced to declare as self-employed, which excludes them from these protections.
The claim mirrors similar cases against Uber, Addison Lee and other firms, where tribunals have ruled that staff should be classified as 'workers' with minimum wage and holiday pay rights. Uber lost its appeal against such a ruling last year and is pursuing a further appeal, potentially to the Supreme Court.
Tim Roache, general secretary of the GMB union supporting the Hermes claim, said: 'GMB's courier members do a tough job – working long hours with unrealistic targets. They make a fortune for companies like Hermes, the least they should be able to expect in return is the minimum wage and their hard-fought rights at work.'
The case follows a government-commissioned review by Matthew Taylor, which led to Prime Minister Theresa May announcing new labour policies in February. However, unions and Labour expressed disappointment that the government only pledged to consult on possible changes, without committing to legal reform.
Hermes declined to comment. Uber cited a survey showing 80% of its drivers wished to remain independent contractors.
