In yet another “gig economy” judgment, an Employment Tribunal has ruled that a cycle courier contracted by Excel was in fact a “worker”.
The decision means that the courier is now entitled to workers’ rights, such as holiday and statutory sick pay.
Excel argued that the courier worked for them on a self-employed basis.
The Court heard how Mr Boxer worked upwards of nine hours a day, and was required to tell his controller in advance if he was planning to take time off.
Mr Boxer was also required to be available throughout the working day and be expected to wait in a prescribed area.
He was also paid at a fixed, non-negotiable rate, and received a document each month telling him what he was being paid.
Excel argued that Mr Boxer was allowed to send a replacement courier, but in reality, the Tribunal found that this was impractical due to the background checks involved and urgency of the jobs.
Commenting on the judgment, Independent Workers’ Union of Great Britain (IWGB) General Secretary Dr Jason Moyer-Lee said: “This judgement is yet further evidence of what we have known to be true all along: courier companies are unlawfully depriving their workers of rights.
“As the tribunal dominoes continue to fall we would recommend that courier companies which are not yet subject to litigation by the IWGB urgently get their act together.”