A TRADE union will today launch legal action accusing three delivery firms serving net giant Amazon of “bogus self-employment”.
GMB is to announce its case at its annual congress in Brighton as it continues its focus on the gig economy.
Part of the action is directed at Amazon itself over its alleged role in directing the work of drivers.
The court push is being taken “on behalf of members working for Prospect Commercials Limited, Box Group Limited and Lloyd Link Logistics Limited” delivering parcels for Amazon. The union claims the firms “used the bogus self-employment model to wrongly deny” holiday pay and national minimum wage to delivery drivers.
It further claims that staff were underpaid and faced working excessive hours to meet delivery quotas. After raising concerns about working practices, two members allege that they were dismissed.
It is further claimed that one driver involved in the case had his wages docked for each undelivered item and was told he would be denied payment if he did not complete a route.
The member claims this left him driving “half-asleep at the wheel”.
In a statement, GMB – which describes itself as “the union for gig economy workers” – said: “The drivers were required to attend scheduled shifts that were controlled by Amazon, meaning they did not have the flexibility that is integral to being self-employed. In this situation, the couriers were treated like employees in terms of their working hours, GMB Union contends they should be treated as employees in terms of their rights too.”
On its website, Kent-based Prospect, which has denied paying drivers less than the national living wage, says: “We take our duty of care very seriously. Our drivers are trained to the highest professional standards.”
Box Group says its drivers have an “earning potential of £39,000 a year”. And Lloyd Link Logistics says its policy is to “provide a high standard of health, safety and welfare at work for all its employees and others who may come in contact with, or be affected by its operations”.
Tim Roache, GMB general secretary, said its members deserve “basic rights, pay and respect”.
He said: “The day to day reality for many of our members who deliver packages for Amazon is unrealistic targets, slogging their guts out only to have deductions made from their pay when those targets aren’t met and being told they’re self-employed without the freedom that affords.
“Companies like Amazon and their delivery companies can’t have it both ways – they can’t decide they want all of the benefits of having an employee, but refuse to give those employees the pay and rights they’re entitled to.
“Guaranteed hours, holiday pay, sick pay, pension contributions are not privileges companies can dish out when they fancy. They are the legal right of all UK workers, and that’s what we’re asking the courts to rule on.”
The move comes after GMB won an employment tribunal case against Uber. The panel determined that drivers working for the low-rate taxi operator are entitled to holiday pay, a guaranteed minimum wage and breaks.
Amazon told The National: “Our delivery providers are contractually obligated to ensure drivers they engage receive the national living wage and are expected to pay a minimum of £12 per hour, follow all applicable laws and driving regulations and drive safely.
“Allegations to the contrary do not represent the great work done by around 100 small businesses generating thousands of work opportunities for delivery drivers across the UK.
“Amazon is proud to offer a wide variety of work opportunities across Britain – full-time or part-time employment, or be your own boss.
They continued: “Last year we created 5000 new permanent jobs on top of thousands of opportunities for people to work independently with the choice and flexibility of being their own boss through Amazon Logistics, Amazon Flex, or Amazon Marketplace.”
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