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Royal Mail-operated eCourier told it is likely to be breaking the law after tribunal hearing over drivers' worker rights

Royal Mail-operated eCourier has been told that the claimants are likely to win arguments relating to worker status, in a judgment handed down by the employment tribunal.

Posted on 11 September 2026

A three-day preliminary hearing in relation to claims brought by close to 50 eCourier drivers and riders was held at the Central London Employment Tribunal between 26-28 August 2026. 

The hearing considered an application made by law firm Leigh Day on behalf of the couriers for deposit orders against eCourier, which is owned by Royal Mail. A deposit order requires a party to pay a sum of money to the tribunal as a condition of continuing to pursue its case or part of its case, where those arguments are considered to have little reasonable prospect of success. 

Leigh Day sought deposits for three of eCourier’s arguments that are central to their denial of worker status and / or their denial that couriers are workers.  

In the judgment on Friday 28 August 2026 (sent to the parties on 8 September), the tribunal declined to order eCourier to pay deposits in order to continue to deny worker status but indicated that the claimants are likely to win their claims.  

EJ Adkin said: “I accept that [eCourier] might struggle to distinguish its arrangements from those considered in Uber and Plimlico Plumbers, and I regarded it as likely that the claimants would ultimately be found to be workers.”

EJ Adkin also noted that eCourier CEO’s witness statement referred to some couriers carrying out ‘shifts’ and also said it is likely to be difficult for eCourier to ‘explain away’ why there was an email address for couriers to request time off especially for medical couriers.

The drivers argue that, despite being labelled self-employed independent contractors, the way they work in practice means they should be classed as workers under UK employment law. If successful, they would be entitled to rights including National Minimum Wage and paid holiday. 

eCourier is a courier company owned by Royal Mail. One key part of eCourier’s work is medical deliveries, meaning couriers carry out essential work delivering blood samples, medical equipment and test results between hospitals and healthcare providers. The majority of drivers bringing the claim operate in London and the South East. The claim is supported by the Independent Workers' Union of Great Britain (IWGB).

Leigh Day is continuing to invite current and former eCourier drivers to join the claim. Drivers who currently work for eCourier or have worked for the company within the last ten weeks may be eligible to join.

Liana Wood, employment solicitor at Leigh Day representing the couriers, said:

"A number of our clients have been waiting for years to have their claims for basic employment rights properly determined. While we hoped that eCourier would be ordered to pay deposits to continue to defend these claims, we welcome the Judge's comments that the claimants are likely to be found to be workers.

"We hope this judgment will help bring an end to unnecessary delays and allow these long-running claims to move forward so that the drivers can finally have their employment status and rights determined."

Alex Marshall, IWGB President, said:

“This ruling suggests that eCourier has likely been denying rights to workers saving lives, by bogusly misclassifying them as independent contractors.

“These couriers do vital work for Royal Mail-owned eCourier, including delivering blood samples and test results, often in life critical situations. Despite this, they have been denied basic rights including paid holiday, minimum wage, and other protections.

“Many of these predominantly migrant workers have waited years for justice. It’s time for eCourier to stop dragging their feet and do the right thing. We will not stop until eCourier workers get the rights they deserve and every penny they are owed.” 

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eCourier Drivers' Claim

Leigh Day is acting on behalf of eCourier drivers claiming they should be treated as workers, not self-employed independent contractors.

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Liana Wood
Employment Modern Slavery

Liana Wood

Liana Wood is a partner in the employment department.

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