Drivers working for UK Express, a major delivery partner for Amazon in Britain, have won employee status in an out-of-court settlement.
UK Express (UKXD) has agreed that the drivers should have employee contracts and has offered back pay of up to £20,000 in some cases. The settlement follows legal action last spring by the GMB union on behalf of the drivers, claiming that they were wrongly defined as self-employed.
The union argued the way the drivers, who solely delivered for Amazon, worked and the terms of their contracts demonstrated they should actually be classed as employees. The GMB justified this claim on the grounds that Amazon required drivers to work 15 days a month, prohibited them from working for competitors, effectively controlled the drivers’ routes and sanctioned them for poor performance.
The GMB said that as employees, they would be legally entitled to 5.6 weeks paid annual leave a year, the national minimum wage of £7.50 per hour for over 25s, paid rest breaks and protection from unfair dismissal and discrimination.
“It appears UKXD bowed to the inevitable and, in what may be an effort to stop further claims by other UKXD drivers if the claim reached the employment tribunal, the company offered a 100% settlement to the drivers,” the union said in a statement.
GMB legal director Maria Ludkin said: “This is yet another brick in the road in GMB’s battle against bogus self-employment. Some employers seem to think they can avoid paying the minimum wage, or giving their workers the protection.
“However, as Amazon and UK Express have now realised, this is not optional – it’s the law. The drivers delivering for Amazon – like Uber drivers and delivery drivers for DX – are clearly employees and it is gratifying that the company are shelling out 100% of the amounts claimed.”
Birmingham-based UK Express previously said on its website that it “helps national distribution companies to complete their networks” and offers cost-effective and flexible delivery services for distribution and logistics operators, using a fleet of over 200 Mercedes Sprinters. It is unclear how much of its business is dedicated to Amazon.
Amazon UK last year declined to comment on the case. A spokesperson told CEP-Research: “The union’s claim is against UK Express and it’s not our place to comment on behalf of a supplier. We have over 100 companies that deliver for us (in the UK) from national providers to local, independent companies.” However, he underlined: “UK Express is the company that engages the drivers. The drivers work for them and do not work for Amazon.”
