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UK – GMB Union launches legal case against Amazon supplier over worker classification

03 April 2017

The GMB trade union in the UK has filed a legal claim against Birmingham-based logistics firm UK Express, on behalf of workers at Amazon.

The union is addressing issues of worker classification and says that the drivers should be classed as workers, rather than as self-employed, and argues that their full employment rights such as the minimum wage and holiday pay are not being upheld.

The case follows GMB Union’s victory over Uber last year and legal action against Hermes.

GMB’s reasons for its claim that the drivers should be workers include Amazon imposing control on drivers relating to routes, sanctioning them for 'poor performance' and requiring them to pay for a van hired from the company. Furthermore, Amazon Logistics require the drivers to be available for 15 days per month. They have also cited limited right of substitution - money is deducted from a driver’s pay if they cannot work. Moreover, drivers are all prohibited from working for a competitor.

Maria Ludkin, GMB legal director, commented: "This is another case in a long line of legal battles around bogus self-employment. Employers might not like paying the minimum wage or giving their workers the protections they're entitled to in the workplace, but I'm afraid it's not optional.”

"UK Express deliver for some of the world's largest companies, in this case Amazon,” Ludkin said. "The drivers delivering for Amazon, like Uber drivers and delivery drivers for DX, cannot be classed as anything other than employed when you look at the law.”

"We don't get to pick and choose which laws we adhere to and which we don't like the look of,” Ludkin said. “This is a much wider issue than individual companies like UK Express or Uber. This is about employment in 21st century Britain."

Ludkin also stated that “fake” self-employment was costing the treasury and the economy millions of pounds a year while “trapping” people into “in-work poverty”.

UK Express has not yet commented.