GMB brings legal case against UK Express Delivery over its employee's employment status

The GMB has launched a legal case against Birmingham-based logistics company UK Express Delivery as part of its campaign against the gig economy.

GMB argues that UK Express Delivery’s self-employed Amazon drivers should be classed as workers, making them potential employees.

If the case is successful, UK Express Delivery would be required to grant its Amazon drivers basic workers rights, including the national minimum wage, paid annual leave, paid rest breaks and whistleblower protection.

The union’s action against UK Express, which has a major contract with Amazon, follows GMB’s successful case against Uber in October last year. The London Employment Tribunal found in favour of GMB, ruling that Uber had acted unlawfully by not providing drivers with basic workers’ rights.

GMB is currently pursuing a similar case against DX Group and has pledged to bring a succession of cases against firms using self-employed drivers.

UK Express Delivery offers a range of logistics and distribution services using security-vetted drivers. The firm’s latest annual results to 31 October 2015 reveal that turnover rose to £12.7m (2014: £10.8m). However pre-tax profits fell to £440,505 (2014: £1.2m).

Nigel Mackay of solicitors Leigh Day, which is bringing the case on behalf of GMB members, said: “We believe UK Express drivers are workers who are being denied their rights, including paid holiday and the national minimum wage, due to being mislabelled by UK Express as self-employed.

"Drivers are also being fined if they can’t work, even when they have good reason. We believe this is unlawful.

"UK Express is paid by Amazon to deliver its parcels. We believe Amazon should require its contractors to provide workers with their legal entitlements, including paid holiday and national minimum wage, and to stop fining staff if they are unable to work.”

GMB legal director Maria Ludkin said: “UK Express delivers for some of the world’s largest companies, in this case Amazon. The drivers delivering for Amazon – like Uber drivers and delivery drivers for DX – cannot be classed as anything other than employed when you look at the law.”

In a statement Amazon said: “Amazon provides a safe and positive workplace with competitive pay and benefits from day one. Amazon does pay above the UK government's living wage of £7.50, regardless of age.”

UK Express Delivery was unavailable for comment.

Earlier this year a self-employment status ruling against CitySprint prompted speculation that similar legal action would follow.