UK health sector sees first courier test case
Couriers who deliver blood supplies and samples to hospitals and laboratories launched a legal challenge to their self-employed status on 7 March in the first gig-economy test case within the healthcare sector. The case goes further than those against Uber and City Sprint in which claimants sought “worker” status. Couriers for The Doctors Laboratory claim that they are “employees” rather than independent contractors or "workers". “Employees” have additional rights, including protection against unfair dismissal. On the same day, over 20 van drivers for courier firm DX launched legal action challenging their self-employed status. They are supported by the GMB union.

Couriers carrying emergency blood supplies and delivering passports have kicked off two new challenges to the gig economy as MPs debate how to clarify workers’ employment status.

Five cyclists, motorcyclists and van drivers carrying emergency blood supplies to hospitals and samples to laboratories on Tuesday launched a claim challenging their self-employed status in the first gig-economy test case to hit the healthcare sector.

The couriers, who all work for The Doctors Laboratory, a company which provides pathology services to the NHS, argue that they are employees and not independent contractors. The case is being backed by the Independent Workers’ Union of Great Britain.

“I risked my life every day to get emergency blood to people, but the company won’t even recognise my basic employee rights without a fight,” one claimant, Ronnie De Andrade, said.

“I have been working for them for over five years and I don’t see my life progressing like this. I can’t get a mortgage, I have no pay when I go on holiday and I can’t get sick because I won’t get paid.”

Also on Tuesday, more than 20 van drivers working for DX, an Aim-listed courier firm which works for Amazon, the US embassy and dozens of other clients, kicked off legal action questioning their self-employed status.

The action, which began with an approach to conciliation service Acas, is being taken by law firm Leigh Day on behalf of the GMB union, which previously successfully challenged the self-employed status of Uber drivers. If conciliation is not successful the case will be submitted to an employment tribunal.

TDL said it had not received formal notification of any employment tribunal claims brought by any of its couriers.

“We keep the working arrangements of our couriers under constant review to ensure that we comply with the latest standards and legal requirements,” a spokesperson said.

The TDL couriers’ claim for employee status, which was filed on Tuesday at the London central employment tribunal, goes a step further than previous gig-economy cases – against taxi hailing app Uber and courier firm City Sprint – which both successfully argued drivers were officially “workers”.

Workers, who are employed under a contract in which they must always turn up for work even if they don’t want to, are entitled to employment rights including the national living wage, holiday pay and protection against discrimination, and may also miss out on other benefits including sick pay and maternity leave.

Employees have those additional rights guaranteed as well as protection against unfair dismissal, statutory redundancy pay and the right to request flexible working.

A self-employed independent contractor receives no entitlement to employment rights, beyond basic health and safety and anti-discrimination framework.

Jason Moyer-Lee, general secretary of the Independent Workers’ Union of Great Britain, said the TDL case was a “black and white example of bogus employment status”, as the couriers were required to work regular shifts dictated by the company, had to request time off and were not allowed to reject deliveries they were told to do. They are also not allowed to take outside employment while working for TDL.

The DX drivers claim that they are workers as the courier firm determines the routes they drive to deliver parcels and they cannot refuse to deliver parcels on their daily manifest. They are paid at a rate determined by DX, which is not usually negotiable.

The DX and TDL cases have emerged as employment experts call on the government to tackle exploitation of the lower-paid by abolishing different categories of worker after a string of scandals concerning the treatment of lower paid workers in the UK. The chancellor, Philip Hammond, is also expected to announce a consultation on the taxation of the self-employed in Wednesday’s budget.

DX had not responded to a request for comment at the time of publication.

Speaking on Tuesday at the first hearing into the future world of work by the Commons business, energy and industrial strategy committee, Hannah Reed, a senior policy officer at the Trades Union Congress, said: “There should be a floor of rights for all working people – a single worker definition.” Sue Tumblety, founder and managing director of the employment human resources consultancy HR Dept Ltd, added: “I would like the ‘worker’ category to go.”

Moyer-Lee said there was clarity between the different classes of worker but there needed to be better enforcement of the rules. He said: “I’m not in favour of eliminating worker status. I think there are are people who are in between an independent contractor and an employee.”

He added that getting rid of worker status might also make it harder for those currently classed as self-employed to win more rights from their employers - because the hurdle of proof was higher.