Law firm Leigh Day has launched an investigation on behalf of Parcelforce drivers to establish if they have been misclassified as self-employed independent contractors rather than workers.
The probe was launched in order to consider if the drivers have a potential group claim on their hands as they could be missing out on holiday pay and the national minimum wage.
Parcelforce is the trading name of Royal Mail.
The investigation relates to drivers working under owner driver agreements, which distinguish them from drivers who are employed directly by Royal Mail but deliver under the Parcelforce brand.
Unlike those employed directly by Royal Mail, those under the owner driver agreements have responsibility for their own vehicle.
However, the law firm believes there are many other similarities between the working practices of those under that agreement and those under employment contracts with Royal Mail.
There is a growing trend in litigation currently of people in the gig economy taking legal action over workers’ rights.
Just last week, private hire taxi firm Addison Lee reached a settlement with three drivers who were set to take them to the employment tribunal. Back in 2022, it was reported that ride-hailing app Bolt was set to face a class action lawsuit calling for it to class drivers as workers rather than self-employed contractors.
While Amazon delivery drivers are seeking employment rights from the digital giant in a case that is reportable worth over £100m.
Despite that, last November, Supreme Court dismissed Deliveroo’s appeal to consider London riders to be classed as ‘workers’, bringing an end to the seven year legal battle.
Many of these cases have Leigh Day on as the claimant lawyers.
Commenting on the Parcelforce news, Liana Wood, senior associate at Leigh Day said: “It is our view that Parcelforce owner drivers should in fact be classified as workers – and, as such, be entitled to workers’ rights and to receive compensation for shortfalls to national minimum wage and holiday pay to cover the time they have worked for Parcelforce.
“I would encourage any owner drivers who are still delivering for Parcelforce or have done in the last 10 weeks to join our investigation,” she added.