Hermes, the courier group that delivers parcels for John Lewis and Next, has told some drivers it is “mandatory” to work the next two Sundays during the Black Friday rush.
The move contradicts the company’s previous insistence that the work was “completely optional” and increases safety fears about couriers potentially working 20 days without a break.
A field manager for Hermes sent a message to couriers on Wednesday stating: “It is mandatory that you cover your own rounds this Sunday the 27th and next Sunday the 4th of December. If not you must supply your own cover and informed of who by now [sic] ... No excuses.”
The firm responded last week to warnings that long working hours resulting from the rush of online sales around Black Friday could put couriers and road users at risk. It insisted “couriers are not obligated to work on either of those Sundays”.
A Hermes spokeswoman said the note about mandatory Sunday working was a “rogue message”, and that it “did not follow our agreed policies, including the fact that working those Sundays is totally optional”.
The confusion comes as the Health and Safety Executive considers concerns raised by Frank Field MP, the chair of the work and pensions select committee, that fatigued couriers working seven days a week could pose a road safety risk.
The firm responded by insisting “couriers are not obligated to work on either of those Sundays”.
About 5,000 Hermes couriers already work six days a week. One driver told the Guardian he had refused to work on the Sundays around Black Friday because last year he almost fell asleep at the wheel. He said his manager told him that if he did not arrange cover, he might lose work in the new year.
Hermes couriers are classed as self-employed and they argue that insisting they work is not in line with self-employment practices. HM Revenue and Customs is already investigating claims that some Hermes drivers are in false self-employment. The firm denies the claims.
Field said: “If HMRC required any further proof that legions of couriers are being treated as workers, rather than self-employed individuals, they will find it in the latest command Hermes has sent its workforce.
“The idea that the couriers have any real control over whether to accept this work or not is nonsense on stilts. Contrary to what Hermes has previously said, the company is issuing orders to couriers it classes as ‘self-employed’. We know from previous evidence that, if the couriers do not follow those orders, the consequences are dire.”
Hermes said: “A full investigation is under way into the behaviour of this individual [who sent the message], which we find unacceptable. We have also contacted the small percentage of couriers to which the message was sent, to apologise, and have asked them to disregard it.
“To reiterate, our self-employed couriers are free to choose whether they want to provide a service on these Sundays.”