The Independent Workers’ Union of Great Britain (IWGB) has claimed victory over CitySprint, having taken them to an employment tribunal for a third time to establish worker status and basic employment rights for five of its couriers. The IWGB argued these couriers were isclassified as independent contractors, rather than limb (b) workers and consequently should be entitled to holiday pay.
This is the third case that IWGB has brought against CitySprint. In 2017, the first case against CitySprint established that couriers should have worker status, with the tribunal judge describing their contracts as “contorted, indecipherable window-dressing”. Following the 2017 case new contracts were issued, however in 2019 CitySprint again lost as it was established that the new contracts failed to provide the TUPE protections that workers were entitled to.
The latest tribunal has now confirmed that the couriers were workers both prior to and after the change of contracts and therefore entitled to holiday pay during both periods. (Workers are entitled to other statutory rights, but these cases focus on holiday pay.) CitySprint’s financial liability for the holiday pay will be established at a final hearing due to take place in October.