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What you should know about the BCA workers’ rights claim

Here, solicitor Gabriel Morrison explains workers’ rights and what it means to be involved in the BCA drivers claim.

Posted on 20 May 2021

Leigh Day, the leading expert in UK group claims, has recently launched a workers’ rights claim against British Car Auctions (BCA) but what does this actually mean? Here, solicitor Gabriel Morrison explains workers’ rights and what it means to be involved in the claim. 

What is the claim about?

BCA 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.

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

We think thousands of couriers could be eligible to claim back pay for unpaid holiday and any shortfall between money earned and the national minimum wage.

Join the BCA drivers claim

How do I join the claim?

You can contact Leigh Day either via the https://www.leighday.co.uk/latest-updates/cases-and-testimonials/cases/bca-drivers-claim/ 

or by calling 0203 7800 328.

If you register online, you will need to answer a few short questions about your work for BCA. This should take around two minutes to complete.

You’ll then be asked to read and accept the no win no fee agreement. This is also known as a ‘Damages Based Agreement’ (DBA).

The process is similar if you contact us via phone. First you will speak to one of our team who will take some details from you and then you will be sent the DBA via email.

Once the DBA has been accepted, and checks have been carried out to confirm the details provided, you will become one of our clients.

Find out more on the BCA drivers claim

What happens after I have signed up?

When you become a client, our legal teams will notify ACAS of your intention to join the claim and then submit your claim to the Employment Tribunal.

There will be no need for you to attend tribunals unless you would like to.

What will Leigh Day do for me?

Leigh Day will then carry out the preparation for the hearing, including exchanging documents with BCA (often referred to as ‘disclosure’), writing witness statements, making any necessary applications, and finding a barrister to represent you at the hearing.

When will I receive compensation?

Because there are a number of stages to work through, it can take a long time to reach a conclusion.

If you carry on working for BCA during that period, we will also claim in relation to that ongoing work.

How much will joining the claim cost me?

We are acting for BCA drivers on a ‘no win, no fee’ basis, which means that you don’t pay anything unless you win.

If you do win, Leigh Day will deduct 25 percent plus VAT (in other words a total of 30 percent based on the current VAT rate), from your compensation to cover legal fees.

Can BCA punish me for bringing a claim?

Drivers are protected by law from BCA taking negative action against them for bringing a legal claim. 

Will I have to change the way I work?

Having workers’ rights doesn’t mean drivers need to lose their flexibility. BCA simply needs to make sure it allows drivers to take time off and to pay them for this.

BCA also needs to pay its drivers at least minimum wage, taking into account their expenses.     

Will I lose my self-employed status?

 Employment law and tax law are different, and workers can still be self- employed for tax purposes.

A self-employed worker is someone who provides services as part of a business carried on by someone else. This means that they get the worker rights such as holiday pay and national minimum wage, but also the freedoms and tax status that come with self-employment.

How much compensation will I receive?

The amount each driver receives will depend on individual circumstances.

We believe that, on average, drivers will be entitled to thousands of pounds in compensation.

But importantly, only those drivers that join the claim are entitled to compensation.

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