Case Review: Dewhurst v Citysprint UK Ltd ET/2202512/2016
The Central London Employment Tribunal found that Maggie Dewhurst, a courier with logistics firm Citysprint, should be classed as a worker rather than self-employed.
This decision will only apply to Ms Dewhurst; however, it highlights the working practices of the so-called "gig economy", where people are employed by companies on a job-by-job basis. It is likely to have far reaching consequence in this arena as businesses are unlikely to be able to rely on the “self-employed” title to avoid basic entitlements for holiday pay, sick pay and the national living wage.
The case follows a similar ruling against the taxi-hailing service Uber in October last year, which found that drivers should be classed as workers rather than self-employed. Uber intends to appeal.
In this case, Ms Dewhurst was working for Citysprint each day. Finding in her favour, the Tribunal took into account the fact that there was a two-day recruitment process; that training was given on how she should be performing her role; that uniform and other equipment was provided; that she was paid weekly without presenting an invoice and that she was expected to perform the work personally.
Citysprint’s defence included the fact that couriers signed a standard contract entitled “Confirmation of Tender to Supply Courier Services to Citysprint (UK) Ltd” which expressly set out that the individual agreed they were a ‘self-employed contractor’. Interestingly, the Employment Judge considered that the very title of the document aroused suspicion and that it did not reflect the reality of the working relationship.
This case is the first of four legal challenges being taken against courier companies, which include Addison Lee, Excel and E-Courier and will likely, result in many future claims from “workers” in similar roles.
Posted on 02/01/2017 by Ortolan
