eCourier drivers likely to win worker rights claim, lawyers say

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Leigh Day applied for deposit orders to be made against the company’s arguments over the employment status of nearly 50 drivers and riders it is representing, during preliminary hearings last month.

This would have meant the firm pays money to the tribunal as a condition of continuing to pursue parts of its case, which are considered to have little reasonable prospect of success.

A judgement sent to parties earlier this month declined the application “but indicated that the claimants are likely to win their claims,” said the law firm.

Leigh Day employment solicitor Liana Wood said: “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 judgement 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, president of the IWGB union which is supporting the claimants, 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.”