In a recent ruling, Amazon.com Inc (AMZN.O) has lost a bid to dismiss three sample lawsuits brought by British delivery drivers seeking employment rights including the minimum wage and
holiday pay. More than 1,400 drivers who deliver Amazon parcels are suing in a London employment tribunal, arguing they should be classified as employees rather than self-employed contractors.
Amazon applied to throw out the claims at a hearing last month, arguing that it has no contractual relationship with the drivers. However, a judge ruled that the lawsuits against Amazon should proceed, stating that it could not be “virtually certain” that the drivers would not be able to establish that they have a “worker relationship” with Amazon.
The claimants’ lawyer, Kate Robinson, said in a statement that the ruling was a “huge success” for the drivers. She believes that “Amazon needs to recognise the value of the drivers delivering on their behalf and give them the rights we believe they are entitled to.”
In response, an Amazon spokesperson stated that the company is “committed to ensuring these drivers are fairly compensated by the delivery companies they work with and are treated with respect, and this is reflected by the positive feedback we hear from drivers every day.” They added that they are “hugely proud of the drivers who work with our partners across the country, getting our customers what they want, when they want, wherever they are.”
The case highlights ongoing debates surrounding the employment status of gig workers, particularly in the delivery sector. In recent years, companies like Uber, Deliveroo, and Amazon have faced numerous legal challenges over the classification of their drivers as independent contractors rather than employees, which denies them basic employment rights and benefits such as minimum wage, sick pay, and holiday pay.
In the UK, the government has launched several reviews and consultations on gig work and workers’ rights, including the Taylor Review in 2017 and the Good Work Plan in 2018. These reviews led to new legislation introduced in 2020, which granted gig workers some additional rights such as the right to request more predictable working arrangements and the right to receive a written statement of their terms and conditions.
However, many argue that these changes do not go far enough to address the underlying issues facing gig workers. The COVID-19 pandemic has further highlighted the precarious nature of gig work, with many drivers facing increased risks and reduced income due to lockdowns and restrictions.
The outcome of the Amazon case could have significant implications for the gig economy and the rights of gig workers in the UK and beyond. If the drivers are successful in their claims, it could pave the way for other gig workers to challenge their classification as independent contractors and demand better working conditions and employment rights. Photo by M J Richardson, Wikimedia commons.