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BCA driver claim FAQs

Find out more information on the BCA driver claim and how you can join the action.

Find out more information on the BCA driver claim and how you can join the action.

If we win the claim, how will I be compensated?

The value of your claim will depend on how long you have worked for BCA. If you have worked for BCA for 18 months, we estimate that the claims could be worth an average of £10,000.

We are claiming:

  • Back pay for unpaid holiday
  • Compensation if you received less than the National Minimum Wage

We will calculate your compensation using documents such as your weekly payment statements, tax returns/accounts, bank statements and receipts.

At the end of the claim, if we win, we will deduct 25% plus VAT from your compensation for our legal fees. The funding documents sent to you will provide a full explanation as to how the claim is funded.

If we lose the claim, will I have to pay BCA’s legal fees?

If you lose, you should not have to pay BCA’s legal fees, unless there are exceptional circumstances, such as if you behave in a vexatious, abusive, disruptive or otherwise unreasonable manner, or ignore an order of the Tribunal.

Can I join the claim if I no longer drive for BCA?

We are bringing claims for trade plate drivers who have worked for BCA in the last 10 weeks.

If you have not driven for BCA in the last 10 weeks, please register your details on the sign-up page as you may be able to join the claim in the future.

Can I join the claim if I took a break from driving for BCA?

You can join the claim if you have driven for BCA in the last 10 weeks.

If you stopped working for BCA for a period of time, this may impact upon the amount of compensation you are entitled to. We will calculate your compensation based upon your individual circumstances.

What impact does the Uber Supreme Court judgment and other similar cases have on the BCA case?

A number of employers have faced “worker” status cases in Tribunals and Courts over the last few years.

Most notably in 2021, the UK Supreme Court heard a final appeal by Uber against an Employment Tribunal’s original decision that their drivers were workers, rather than independent contractors. The Supreme Court found in favour of the drivers and dismissed Uber’s appeal against the Tribunal’s original decision.

The Uber judgment does not directly impact upon the BCA case. However, our view is that if you succeed with the claim in an Employment Tribunal, the Uber Supreme Court decision makes it far less likely that BCA will be able to successfully appeal an Employment Tribunal decision in your favour.

Will BCA remove my work for bringing a claim?

If BCA did remove your work in response to joining the claim, we can bring an additional claim on your behalf arguing that BCA should pay you compensation for removing your work. We believe that there is a strong case for arguing that this action by BCA would be unlawful.

If you succeed in this claim, you will also receive compensation for your losses resulting from the removal of your work.

While we cannot know how BCA will respond to the claim, workers have not been being penalised by their employers in other similar cases we have brought.

Will a successful claim mean I am no longer self-employed for tax purposes?

No. This claim is about your employment rights, in particular your right to receive holiday pay and national minimum wage. You can be both a worker with employment rights and self-employed for tax purposes.

We are not challenging the fact that you are self-employed for tax purposes. We recognise that many trade plate drivers may prefer to remain self-employed. 

If the Court decides that BCA drivers are workers, will I have less flexibility going forward?

We see no reason as to why you should have less flexibility as a worker, rather than a self-employed contractor. The claim is simply to make sure that BCA pays you holiday pay and the National Minimum Wage.

You would not need to have a fixed working pattern or a set number of working hours for BCA to calculate your holiday pay and the National Minimum Wage.

Do I need to provide documents to join the claim?

No, you do not need to provide any documents to find out if you are eligible to join the claim. 

To calculate the compensation that BCA owes you, we will of course request documents from you to assist us with this. We will only request documents that you have in your possession. An example of documents that will be helpful for us in calculating your compensation are your weekly payment statements from BCA.

When we are at the stage of calculating your compensation, we will be in touch with further information.