Skip to main content
IOSH Magazine: Safety, Health and Wellbeing in the world of work - return to the homepage IOSH Magaazine logo
  • Visit IOSH Magazine on Facebook
  • Visit @ioshmagazine on Twitter
  • Visit IOSH Magazine on LinkedIn
Readjusting the Lens: How to protect the psychosocial wellbeing of staff
Feel the Noise: The silent cost of hearing loss
Download the Jan/Feb 2021 Issue: Read the digital edition here

Main navigation

  • Home
    • Browse previous issues
  • Health
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Management
    • Human factors
      • Accident reduction
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Sickness absence
      • Young workers
    • Leadership and management
      • Employee involvement
      • Management systems
    • Management standards
      • ISO 45001
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Rehabilitation
      • Personal injury
      • Return to work
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Skills
    • Communication
    • Personal performance
      • Career development
      • Competencies
      • Personal development
      • Professional skills
      • Qualifications
    • Stakeholder management
    • Working with others
      • Leadership
  • Jobs
  • Covid-19
  • Interactive
    • Podcast
    • Videos
    • Webinars
  • Products & Services
  • Management
    • Human factors
      • Sickness absence
      • Accident reduction
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Young workers
    • Leadership and management
      • Employee involvement
      • Leadership
      • Management systems
    • Management standards
      • ISO 45001
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Health
    • COVID-19
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Skills
    • Communication
    • Personal performance
      • Career development
      • Competencies
      • Personal development
      • Qualifications
      • Professional skills
    • Stakeholder management
    • Working with others
      • Leadership
  • Transport and logistics
  • Third sector
  • Retail
  • Mining and quarrying
  • Rail
  • Rehabilitation
    • Personal injury
    • Return to work
  • Utilities
  • Manufacturing and engineering
  • Construction
  • Sector: IOSH Branch
    • Sector: Northern Ireland
    • Sector: Midland
    • Sector: Merseyside
    • Sector: Manchester and North West Districts
    • Sector: Ireland East
    • Sector: Ireland
    • Sector: Edinburgh
    • Sector: Desmond-South Munster
    • Sector: Qatar
    • Sector: Oman
    • Sector: Singapore
    • Sector: South Coast
    • Sector: South Wales
    • Sector: Thames Valley
    • Sector: Tyne and Wear
    • Sector: UAE
    • Sector: West of Scotland
    • Sector: Yorkshire
  • Healthcare
  • Sector: Fire
  • Sector: Financial/general services
  • Sector: Energy
  • Sector: Education
  • Sector: Communications and media
  • Sector: Chemicals
  • Sector: Central government
  • Catering and leisure
  • Agriculture and forestry
  • Sector: Local government
  • Sector: IOSH Group
    • Sector: Financial Services
    • Sector: Sports Grounds and Events
    • Rural industries
    • Sector: railway
    • Public Services
    • Sector: Offshore
    • Sector: Hazardous Industries
    • Sector: Food and Drink
    • Sector: Fire Risk Management
    • Education
    • Construction
    • Sector: Aviation and Aerospace
Quick links:
  • Home
  • Categories
  • Topics
  • Management
  • Human factors
  • Control of contractors
Regulation/enforcement
Transport and logistics
News

Tribunal rules 65 Hermes couriers are workers in ‘landmark’ legal victory

Open-access content 27th June 2018

Tribunal rules 65 Hermes couriers are workers in 'landmark' legal victory

A group of 65 delivery drivers took the company to the tribunal to argue they were not self-employed, as stated by Hermes, but were workers and therefore had the right to receive the national minimum wage and holiday and sick pay. Hermes exercised a high level of control over them and presented them to the public as part of its workforce, they said.

The ruling at the Leeds Employment Tribunal could affect the 14,500 Hermes couriers currently engaged under the same contract. The company delivers for major retailers including Amazon, Asos and Next.

The GMB Union, which helped bring the claim, hailed it a "landmark legal victory". Its general secretary, Tim Roache, said: "This is yet another ruling that shows the gig economy for what it is -- old fashioned exploitation under a shiny new façade." He described it as a "another nail in the coffin of the exploitative bogus self-employment model which is increasingly rife across the UK".

The back pay and compensation the drivers are eligible to receive will be determined at a future hearing in the Employment Tribunal.

Michael Newman from the law firm Leigh Day, which represents the claimants, said: "Hermes claim that the job of a courier offers a flexibility that is consistent with being an independent contractor. In reality, the majority of Hermes couriers sign up as 'round holders' with an expectation that they must work six days a week.

"They must deliver some parcels within a selected time slot and attempt delivery of every parcel on the day it is handed to them. Their performance is closely tracked and they are subject to disciplinary procedures if their performance does not meet the standards set by Hermes. Payment is entirely dictated by Hermes, who decide how couriers are paid (in part based on performance) and event generate the invoice for them.

"This judgment goes some way to addressing those issues [-¦] It is yet another example of an employer who has incorrectly classified their workers as self-employed independent contractors and denied them the rights to which they are entitled."

A Hermes spokesperson said: "We will carefully review the tribunal's decision, but we are likely to appeal it given that it goes against previous decisions, our understanding of the witness evidence and what we believe the law to be.

"Nevertheless we have always been fully prepared for any outcome of this decision and its impact on 15 couriers and former couriers. In the meantime it is business as usual and we remain committed to providing couriers with the benefits of flexible working and the ability to earn well in excess of the national living wage."

It is the latest case to have implications for the gig economy. Earlier this month the Supreme Court dismissed an appeal by Pimlico Plumbers founder Charlie Mullins who argued one of his engineers was self-employed.

The tribunal's judgment conforms with verdicts in previous cases brought by the GMB against ridesharing company Uber and London-based private hire firm Addison Lee, where judges ruled that staff should be classed as "workers".

The GMB has also announced legal action against three Amazon delivery companies that "used the bogus self-employment model to wrongly deny [drivers] employment rights". The claimants worked for Prospect Commercials, Box Group and Lloyd Link Logistics, which all deliver parcels for the online retailer.

Topics:
Control of contractors
Regulation/enforcement
Transport and logistics
News
Share
  • Twitter
  • Facebook
  • Linked in
  • Mail
  • Print

Latest Jobs

Health & Safety Lead

Bracknell
£45k - 48k per year
Reference
5447863

Senior CDM Consultant

London
£50k - 55k per year
Reference
5447862

Health and Safety Manager

Banbury
£40k - 48k per year + Package
Reference
5447861
See all jobs »

Sign up for regular e-alerts

Receive the latest news and features, free to your inbox

Sign up

Subscribe to IOSH magazine

Receive the print edition straight to your door

Subscribe
IOSH Covers
​
FOLLOW US
Twitter
LinkedIn
YouTube
CONTACT US
Contact us
Tel +44 (0)20 7880 6200
​

IOSH

About IOSH
Become a member
IOSH Events
MyIOSH

Information

Privacy Policy
Terms & Conditions
Cookie Policy

Get in touch

Contact us
Advertise with us
Subscribe to IOSH magazine
Write for IOSH magazine

IOSH Magazine

Health
Safety
Management
Skills
IOSH Jobs

Copyright © 2021 IOSH. IOSH is not responsible for the content of external sites.