The Daily Telegraph
Cycle courier eligible for holiday pay, tribunal rules
COMPANIES that operate under the “gig economy” were dealt another blow yesterday when an employment tribunal determined that a bicycle courier was entitled to holiday pay.
In yet another ruling against companies that designate staff as self-employed contractors, the London Central Employment Tribunal ruled that Excel should pay courier Andrew Boxer one week’s holiday pay or £321.16.
Self-employed contractors should provide their own tools and have the freedom to work when they please. Mr Boxer had been classed as self-employed because he provided his own tools, including a bike, mobile phone and protective clothing. But the tribunal said he should have been classed as a worker, given that he had to work five days a week, was paid a fixed rate and had to give notice for time off, among other reasons. Excel also gave him a radio and handheld computer.
The case was brought on behalf of Mr Boxer by the Independent Workers of Great Britain (IWGB) union, which recently won landmark cases against Pimlico Plumbers and CitySprint.
“The judgment is yet further evidence… of what we have known to be true all along: courier companies are unlawfully depriving their workers of rights,” said Jason Moyer-Lee, general secretary of the IWGB.
Excel did not contest the case.