(more formal stuff about being ‘self-employed’ or not – the only real way to prove that you are a worker is by going on strike and see if your company manages without your work)
GMB set to take “Uber” legal action against DX
GMB is to start legal action on behalf of members working as couriers for delivery company, DX in a bid to secure them them holiday pay and the national minimum wage.
Legal action will also be taken to secure rights on pay, holidays, health and safety, discipline and grievances on behalf of members who work as couriers and drivers for the firm. The union is today protesting to reinstate the job of a driver sacked for failing to deliver a parcel to a company he knew was closed.
An employment tribunal ruled last October that drivers who brought a claim against Uber are workers and that Uber is wrong to label them as self- employed. This was the biggest workers’ right case in recent times, brought by GMB on behalf of our members.
DX Couriers are currently classed as ‘self-employed’, not workers or employees, and are not entitled to basic employment rights such as minimum wage, holiday or sick pay.
The union believes DX drivers should be classed as workers and therefore eligible to better workers’ rights such as paid holidays (5.6 weeks per year), national living wage (£7.20 per hour for over 25s, increasing to £7.50 from April 2017), rest breaks and whistleblower protection.
GMB legal director Maria Ludkin said: “Just like Uber, DX are using forced self-employment as a reason not to pay holiday pay and in some situations, pay below the minimum wage.
“All our members want is basic employment rights as are enjoyed by the majority, including the right to be paid a minimum wage and holiday pay. This is another company trying to duck its obligations and responsibilities by making its workforce ‘self-employed’.
“These are effectively working full-time for one company, DX, without many of the basic employment rights enjoyed by employed workers.”