Last reviewed 19 March 2021
We recently reported that the Supreme Court had dismissed Uber’s appeal against previous rulings that its drivers should be classed as “workers” (see Supreme Court confirms that Uber drivers are workers and Uber in U-turn on workers’ rights).
Now, the Independent Workers’ Union of Great Britain (IWGB) has confirmed that more than one hundred couriers are to take on delivery company Stuart in a similar workers’ rights claim.
Stuart, a delivery company providing services for businesses such as Pizza Hut, Nespresso and Ocado, describes its couriers as “independent riders” and does not provide them with workers’ rights such as holiday pay and the National Minimum Wage (NMW).
The IWGB has joined forces with law firm Leigh Day arguing that, because of the way the company operates, these couriers should also be classed as workers.
Leigh Day has said that thousands of couriers could be eligible to claim back pay for unpaid holiday and any shortfall between money earned and the NMW (although, in response to the Supreme Court ruling, Uber has claimed that it only concerns the small group of couriers who brought the original case).
An employment tribunal in 2018 found in favour of a Stuart courier who claimed that he should be classed as a worker. This decision was upheld by the Employment Appeal Tribunal (EAT) in December 2019.