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Hermes claim

The Claim
The claims are that Hermes couriers are workers, and that as workers they should therefore be entitled to holiday pay and to receive the National Minimum and Living Wage. The claims are supported by GMB, and an Employment Tribunal hearing is taking place on 30 April to 4 May 2018 to decide whether couriers are workers or not.
 
Hermes currently classifies its couriers as self-employed independent contractors. However, GMB and the couriers bringing the claim argue that Hermes exercises a high level of control over their couriers, and that they are integrated into Hermes’ business and are presented to the public as Hermes’ workforce. All of these factors mean that they should be classified as workers for the purposes of employment law.
 
Other factors relied upon by the couriers include the requirement that they work up to six days a week, being required to follow strict rules and instructions in carrying out the work, the inability to freely use substitutes, being subject to reviews and disciplinary procedures, and Hermes setting the rate of pay without proper negotiation.
 
If the Hermes couriers succeed with their claims that they are workers, they are entitled to the following:
  • Back pay for unpaid holiday pay for up to the period of their work with Hermes;
  • Compensation if they have received less than the National Minimum Wage;
  • Paid holiday in future if they still work for Hermes; and
  • The right to receive at least the National Minimum Wage or National Living Wage. 

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