BCA drivers claim
We are bringing claims on behalf of BCA trade plate drivers who believe they should be classed as workers, rather than independent contractors
Leigh Day is bringing claims on behalf of BCA trade plate drivers who believe they should be classed as workers, rather than independent contractors.
British Car Auctions currently use contracts that seek to classify trade plate drivers as independent contractors. Because of this, drivers are not entitled to basic workers' rights, including holiday pay and the National Minimum Wage. If our claim is successful, BCA drivers will be declared workers by an Employment Tribunal and will be eligible for compensation in the form of back pay.
What is the claim about?
The BCA driver claim is about proving to an Employment Tribunal that BCA drivers are workers, rather than independent contractors. Drivers work long hours travelling across the UK, often using public transport to complete the required number of jobs a day assigned to them by BCA.
As a self-employed driver working for BCA Logistics, drivers are often required to work long hours for a limited amount of money. Some drivers report working a 10 hour plus day and earning just enough to cover the cost of public transport. Self-employed drivers earn a minimum of £20 per job, however, some drivers have alleged that if they earn too much in one day, they will not have their travel expenses reimbursed by BCA.
We believe drivers should be protected by the same employment laws that protect other workers in the UK. This means being paid the National Minimum Wage and holiday pay.
Our expert employment solicitors are bringing the claim to an Employment Tribunal on behalf of BCA trade plate drivers. If we are successful in the Employment Tribunal, BCA drivers will be declared as workers and be entitled to claim back pay in the form of holiday pay and national minimum wage. Please note that the Tribunal can only declare that you are a worker and entitled to back pay if you are part of the legal claim.
Midlands West Employment Tribunal judgment
In May 2023, Midlands West Employment Tribunal ruled that BCA drivers in these claims as of January 2023 were workers and therefore entitled to national minimum wage and holiday pay. This decision can be found here. The Tribunal’s decision is currently subject to an appeal by BCA.
Impact of other cases on BCA claim
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 the Uber Supreme Court decision makes it far less likely that legal appeals by BCA in this case will be successful.
What are we claiming?
If you are a BCA trade plate driver, we believe that you are also a worker and should be entitled to claim back the following:
- Back pay for unpaid holiday pay for the whole period of your work with British Car Auctions;
- Back pay for any shortfall between your pay and the National Minimum Wage;
The value of your claim will depend on how long you have worked for BCA.
No win no fee
We are acting under a “no win no fee” agreement, so you don’t have to pay anything unless you win your claim.
No impact on your tax status
This claim is about showing you are a worker for the purposes of your employment rights - we are not disputing your tax status in bringing this claim. You can both be a worker in relation to your employment rights and self-employed for tax purposes.
You’re protected by the law if you bring a claim
BCA should not penalise their drivers for bringing a legal claim.
As a worker, you have legal protection from BCA acting to your detriment for claiming these rights. If BCA try to remove or change the conditions of your work because of your worker status claim, you may be entitled to additional compensation.
BCA driver claim FAQs
The value of your claim will depend on how long you have worked for BCA.
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 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.
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.
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.
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.
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.
We are not currently bringing claims for individuals who have not already instructed us to bring legal claims against BCA.
If you are not a Leigh Day client but wish to investigate a legal claim against BCA, you can contact the Law Society who can provide a list of employment solicitors that may be able to assist.
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