Gig economy claim launched on behalf of Royal Mail-operated eCourier drivers over workers’ rights

The claim is being brought for an initial group of 15 former eCourier drivers who are members of the IWGB union, with a larger organised group of drivers that work or have worked at eCourier in the last 10 weeks ready to join the growing claim. It is believed that approximately 500 could be eligible to join. 

The drivers believe that, in practice, they should be classed as workers rather than independent contractors and are therefore entitled to protections under UK employment law. The eCourier drivers are represented by law firm Leigh Day, who represent workers in similar claims including against Bolt, Addison Lee and Uber. 

If successful, eCourier drivers could be entitled to thousands of pounds in compensation for unpaid holiday and for not receiving at least the National Minimum Wage. The drivers also argue that eCourier has failed to provide them with a written statement of employment particulars, which could result in additional compensation. 

eCourier, a Royal Mail-owned delivery company which, among other services, operates a medical courier service delivering blood and equipment, currently engages drivers on a self-employed basis. Drivers argue that the degree of control eCourier exerts over them - such as directing routes, setting delivery expectations, and penalising drivers for turning down jobs - means they should be reclassified as workers. 

The majority of the drivers operate in London and the South East, with a smaller presence in other cities such as Birmingham, Manchester, and Peterborough. 

Leigh Day has previously brought a successful claim by drivers against private hire company Uber. The firm is also bringing claims against Bolt and Addison Lee, as well as vehicle marketplace BCA, who claim their drivers and couriers are self-employed contractors and therefore not entitled to workers’ rights. 

The claim is “opt in,” meaning eligible eCourier drivers must sign up to be included and receive any compensation should the case be successful. Leigh Day is acting under a ‘no win, no fee’ agreement, meaning drivers will not have to pay anything unless the claim succeeds. 

One eCourier driver involved in the claim, who did not wish to be named, said: 

“We’re told we’re self-employed, but eCourier controls how and when we work. It doesn’t feel like we have a choice - we just have to accept what we’re given or risk losing out. I don’t think it’s fair that we’re denied basic rights like holiday pay or the minimum wage.” 

IWGB president Alex Marshall said: 

“For most people the gig economy, synonymous with exploitation and a lack of basic rights for workers, is primarily associated with companies such as has Deliveroo and Uber. However, this kind of exploitation is rampant in our healthcare sector, with couriers providing live saving services being denied a guaranteed minimum wage, holiday pay and pensions. 

“If a loved one is in critical condition, the courier with “Urgent Blood” on their bike racing to save their life may be making less than minimum wage and struggling to survive. Companies like eCourier have benefited from a lack of scrutiny and regulation, with the Employment Rights Bill overlooking many of these issues, leaving it down to workers to organise and firms like Leigh Day to litigate to right these wrongs.” 

An eCourier worker, who wishes to remain anonymous, said: 

“We’re told we’re self-employed, but eCourier controls how and when we work - I don’t feel much like a small business owner. We have to accept what we’re given or risk losing out, and when we’re already struggling to put food on the table for our families we’re left with no real choice.  

“We save lives daily, we work closely with hospital staff in the NHS and the private sector and put our blood, sweat and tears into the work we do. We love the work we do and care so much for the health of the people we serve - why is it fair that we’re denied the bare minimum?” 

Liana Wood, employment partner at Leigh Day, said: 

“Our clients believe that eCourier is wrongly classifying its drivers as self-employed in order to avoid paying them fairly and providing basic workers’ rights. The way these drivers operate, under significant control and pressure from eCourier, means they should be classed as workers. We hope this claim will ensure that they are properly compensated and that the company changes how it treats its drivers going forward.”