BCA becomes latest gig economy employer embroiled in workers’ rights dispute

BCA becomes latest gig economy employer embroiled in workers’ rights dispute

Drivers working for British Car Auctions (BCA), part of a group of businesses which also own webuyanycar.com and Cinch, are fighting for workers’ rights with the support of law firm Leigh Day.

BCA, the UK’s largest used vehicle marketplace, classes drivers as self-employed independent contractors which means they are not entitled to workers’ rights such as holiday pay and the national minimum wage. 

Some drivers are believed to be earning between £4-£6 per hour, around half of the national minimum wage rate which is currently £8.91.

Gabriel Morrison, a solicitor in the employment team at Leigh Day, said:

“Companies operating in the gig economy cannot continue to treat people the way they do and get away with it. The recent victory for Uber drivers in the Supreme Court, closely followed by a win for Addison Lee drivers in the Court of Appeal, is proof of that. 

“This is why Leigh Day believes that this claim is a strong and winnable one. As the Supreme Court in Uber pointed out, employment laws are designed to protect vulnerable workers from unfair treatment and low pay. 

“Despite these laws, BCA have deprived their drivers of holiday pay and national minimum wage rights for a long time. We are hopeful that BCA will take notice of these recent judgments and realise that denying drivers worker status is not acceptable.”

For more information or to join the claim visit  www.leighday.co.uk/bcadriversclaim

Sam Bridge* worked as a driver for British Car Auctions (BCA) during the UK’s third lockdown. He said:  

“The job itself is quite an enjoyable role but you feel taken advantage of by BCA.

“The whole atmosphere between the drivers and the people sat in head office is fraught. It feels like their goal is to get as much work out of the drivers as possible for as little pay as they can. 

“BCA is a huge multi-billion-pound company and has a very public face in the UK with its other companies webuyanycar.com and Cinch, yet they knowingly exploit vulnerable and marginalised people.”

Leigh Day argues that, because of the way the company operates, drivers should be classed as workers.

Drivers are required to collect, inspect and transport vehicles from various locations across the UK. While doing so they have to adhere to a dress code, BCA decides fees per job, and remotely supervise drivers.

Leigh Day believes thousands of drivers could be eligible to claim back pay for unpaid holiday and any shortfall between money earned and the national minimum wage.

BCA, which operates in more than 20 locations across the UK, will only be legally required to compensate those who have brought a claim.

This claim follows recent workers’ rights wins for Uber drivers in the Supreme Court and Addison Lee drivers in the Court of Appeal. 

Similar legal action is being brought by couriers working for delivery company Stuart who are also represented by Leigh Day.

Gabriel Morrison, a solicitor in the employment team at Leigh Day, said:

“Companies operating in the gig economy cannot continue to treat people the way they do and get away with it. The recent victory for Uber drivers in the Supreme Court, closely followed by a win for Addison Lee drivers in the Court of Appeal, is proof of that. 

“This is why Leigh Day believes that this claim is a strong and winnable one. As the Supreme Court in Uber pointed out, employment laws are designed to protect vulnerable workers from unfair treatment and low pay. 

“Despite these laws, BCA have deprived their drivers of holiday pay and national minimum wage rights for a long time. We are hopeful that BCA will take notice of these recent judgments and realise that denying drivers worker status is not acceptable.”

For more information or to join the claim visit  www.leighday.co.uk/bcadriversclaim