Hi all

One to watch in terms of an outcome and any resulting case law, as we know employment law can sometimes provide a different view to HMRC's view of employment status.

Does anyone have a view on which way this one will go?  I noted the article was silent on personal service and mututality of obligation tests.  But they seem to have ticked the control test. 

What does everyone else think?

http://www.bbc.co.uk/news/uk-36103978

All the best

Sarah

You need to be a member of DPG Community to add comments!

Join DPG Community

Email me when people reply –

Replies

  • Hi

    Reading the article, and the different categories of workers, I think the four cyclists may be successful in their claim. The self-employed category states that whilst there is a contract the self-employed worker does not have to carry out the service personally but it appears that some of the companies require this of the couriers.

    Surely, if a company makes you wear their ID, tells you what to do, how to do it and when to do it and monitors you constantly they are treating you as an employee. Also, one of the couriers stated that the company he 'works' for tells him he cannot work for anyone else - is this fair if he is self-employed? He should be able to offer his services to other companies as a self-employed person.

    I understand that companies find these services really valuable and enjoy the service they provide for extremely low wages and no further cost, but for me the cyclists, having worked for up to 50 hours in one week for the same company, deserve to be treated fairly and at the very least should benefit from some of the entitlements, especially the minimum wage, that the permanent workers receive.

    I do think the cyclists will be successful and it is something that we (HR) should follow closely as it will have an impact on companies if they win their case.

    Regards
    Jane
    • Hi Jane

      A great summary yes I think you are right I think the Tribunal will look behing the contract and at the reality of what the couriers do.  I don't think the exclusivity clause will help much.  I think as a minimum they will be considered 'workers' in which case they will receive the NMW and also holidays, and possibly SSP if they meet the eligibility requirements.

      Thanks for sharing your insights!  What does everyone else think?

      All the best

      Sarah

This reply was deleted.

Members

Click here to see a full list of members including our Facilitators.

Did you know that if you go to the list of members, the Members Online button will show you who is online right now? Why not say hello?

What's Happening?

Melanie Guttridge and Maria Kenneth joined DPG Community
Monday
David Woodhouse and Jacqueline Ruth Dhanoya joined DPG Community
Mar 19
ZLYI posted a discussion
Mar 16
Ruth Miller and Simone Howarth joined DPG Community
Mar 13
alan cubero replied to NoahCarcia's discussion Besteonlinecasinoschweiz
Mar 13
alan cubero replied to Oscar Poppy's discussion Play wolf gold slot
Mar 13
Patty Black commented on Mike Collins's blog post Unlocking Potential Through Learning
Mar 7
Samuel Rocher is now a member of DPG Community
Mar 7
More…

CIPD Branch Events

Did you know your local CIPD branch will put on relevant events that are free to CIPD members.

Take a look for your local branch here and what events are happening. Remember attending these events are great CPD evidence.

CIPD Branch Event Search