10 January 2017
The issue as to employment status within the so called gig economy has again been raised in a recent Employment Tribunal claim, following the earlier claim by Uber workers.
In Dewhurst v CitySprint UK Ltd, the Employment Tribunal has held that a bicycle courier was a ‘worker’.
The Claimant had a fairly regular work pattern, working around 4 days a week from 9.30am to 6.30pm. While the Claimant moved from job to job, there were gaps between jobs ranging from ten minutes to an hour.
The detailed contractual document setting out the terms of engagement had described the Claimant as a “self-employed contractor”. The document also stated that the Claimant was under no obligation to provide services and CitySprint was under no obligation to provide work. The Claimant was also entitled to provide a substitute provided certain conditions were satisfied. It was also clear that payment was only due for each job completed
Having carefully examined the factual matrix the Tribunal concluded that the Claimant was a worker when logged into the CitySprint system. The Tribunal considered that the documentary position did not reflect what the parties had actually agreed. For example, in relation to sending a substitute, in reality the conditions made it such that only a fellow worker could act as substitute. The Tribunal concluded that the Claimant was integrated into the organisation and was not self-employed.
This case serves as another reminder that the contractual position that sets out the parties’ relationship does need to properly reflect the reality of the situation. Care is needed in these types of cases to ensure that the status of the individuals carrying out the work is properly considered. Are the individuals employees or workers? Bear in mind the significant legal consequences in relation to each category, whether in relation to entitlement to holidays, unfair dismissal etc. As ever specialist legal advice in these cases is a must.
To discuss further please contact one of our BTO employment lawyers on 0141 221 8012.