The delivery firm CitySprint is to become the latest British business embroiled in a legal dispute over the gig economy when it faces demands at an employment tribunal to treat its freelance couriers as workers.
Mags Dewhurst, who has made deliveries for the firm for more than two years, will argue on Tuesday that she should be given worker status, and the rights that come with it, such as holiday pay and the national minimum wage.
The case is the first of four against different courier firms that will be heard by the same judge. The other cases, against Addison Lee, eCourier and Excel, will be heard next year.
Jason Moyer-Lee, the head of the Independent Workers Union of Great Britain (IWGB), which is backing the riders, said the cyclists worked for one company at a time and were obliged to take work they were given throughout the day.
He said independent contractors were able to send others to do their work, but that was not possible for Dewhurst and the other riders.
“Even though the courier firms say Mags can send a substitute, she can’t really, as there are restrictions that prevent that,” he said.
Moyer-Lee said the point of the cases was to test the status of the workers. CitySprint, which has 3,500 self-employed couriers in the UK, could face further claims if the tribunal finds against it.
Dewhurst said: “I’m taking this action because I have personal experience of [earning], and know many courier friends earn, below the national minimum wage. Our lives tend to be thrown into financial chaos when we want to go on holiday.
“Worker status will finally redress some of the balance between couriers and courier companies, and transform our lives for the better. These benefits have for too long been withheld by courier companies and only serve to make it easier for them to exploit their workforce. It is time to afford couriers some basic employment rights.”
An employment tribunal last month found in favour of drivers for the taxi-hailing firm Uber, who argued that they should be classed as workers. Uber has appealed against the ruling.
Moyer-Lee said: “We were confident before the Uber case. [Dewhurst] fits all the criteria [of a worker] – so does pretty much any other pushbike courier I’ve met.”
Matt Gingell, an employment law partner at Gannons Solicitors, said: “The employment tribunal may well be influenced by the Uber decision. But that judgment is not binding and the facts will be different in these cases.”
A spokesman for CitySprint said: “We can confirm we have received notification of a tribunal claim. As you will appreciate, due to the legal process we cannot comment any further on this at this stage.”
The tribunal is expected to start hearing evidence from witnesses on Wednesday.
• This article was amended on 22 November 2016 to correct employment terminology.
