Two group claims have been launched this week against two different takeaway companies, with both arguing that the self-employed couriers are actually workers and should receive certain statutory rights accordingly. If the cases are successful, couriers from Just Eat and Gophr could receive backdated holiday and any shortfalls in NMW.
Back in 2020 the Supreme Court ruled that Uber drivers were not self-employed and should instead be classified as workers and given accompanying rights.
Both Just Eat and Gophr operate similar business models to Uber. If claims against these companies are also successful, they will only be legally required to compensate those who have brought a claim.
Leigh Day is acting under a ‘no win no fee’ agreement, which means couriers do not pay anything unless their claim is successful.
Nigel Mackay, a partner in the employment team at Leigh Day, said:
“Working as part of the gig economy should not mean you are not paid a fair wage, yet time and time again this is what we are hearing from people who reach out to us for help. Already, Leigh Day is acting on behalf of Bolt, Amazon and Addison Lee drivers who, we believe, are being wrongly classified and therefore not receiving the pay they’re entitled to.
“Just as we are fighting for their rights, we will work to ensure that Just Eat and Gophr couriers are treated fairly.”