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UK – Amazon delivery firms facing legal action over employment rights

05 June 2018

Trade union GMB announced that it is taking legal action against three Amazon delivery companies over employment rights.

GMB will be arguing on behalf of its members working for Prospect Commercials Limited, Box Group Limited and Lloyd Link Logistics Limited. The claimants all worked for the companies as couriers, delivering parcels for Amazon.

“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,” GMB said in a statement. “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.

Two of the members are also claiming that they were dismissed because of whistleblowing, saying that their roles were terminated because they raised concerns about working practices.

“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,” Tim Roache, GMB General Secretary, said.

“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,” Roache said.

An Amazon spokesman stated, “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 has faced criticism across Europe over wages and rights. In Spain this year, workers have gone on strike over wages and employee rights, while last year in Germany and Italy, workers in distribution centres walked off in protest to demand better wages.

The GMB Union has previously taken legal action against gig economy firms. In 2016, the GMB Union represented workers in a landmark tribunal case that saw Uber drivers in the UK classified as workers.