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The action alleges the delivery groups claimed the drivers were self-employed when they had scheduled shifts © PA
Two whistleblowers are taking legal action against Amazon and three of its delivery companies after they were fired for raising concerns about working practices.
The GMB union said it would also sue the three delivery companies — Prospect Commercials, Box Group and Lloyd Link Logistics — for claiming their drivers were self-employed when, according to GMB, they had scheduled shifts and were treated as employees.
The GMB said drivers should have had the national minimum wage and holiday pay. Drivers “did not have the flexibility that is integral to being self-employed”, the union said.
Two members are also taking claims against Amazon and the three companies on the grounds that they were dismissed for whistleblowing after they raised concerns about working practices.
This included complaints that they were being forced to work excessive hours and to drive when tired because of the number of parcels allocated and long waits to be able to load their vans. They also argue that the drivers were not being paid the amounts to which they were contractually entitled.
Tim Roache, general secretary of the GMB, said: “Companies like Amazon and their delivery companies can’t have it both ways — they can’t decide they want all of the benefits of having an employee, but refuse to give those employees the pay and rights they’re entitled to.”
“The day-to-day reality for many of our members who deliver packages for Amazon, is unrealistic targets, slogging their guts out only to have deductions made from their pay when those targets aren’t met and being told they’re self-employed without the freedom that affords.”
Amazon said: “Our delivery providers are contractually obliged to ensure drivers they engage receive the national living wage and are expected to pay a minimum of £12 per hour, follow all applicable laws and driving regulations and drive safely. Allegations to the contrary do not represent the great work done by around 100 small businesses generating thousands of work opportunities for delivery drivers across the UK.
“Amazon is proud to offer a wide variety of work opportunities across Britain — full-time or part-time employment, or be your own boss. Last year we created 5,000 new permanent jobs on top of thousands of opportunities for people to work independently with the choice and flexibility of being their own boss — either through Amazon Logistics, Amazon Flex, or Amazon Marketplace.”
The case is the latest brought by the GMB Union to highlight concerns over employment practices at Amazon.
Last week the union said that Freedom of Information requests had revealed that ambulances were called to the internet retailer’s 14 UK warehouses more than 600 times in three years. In that case Amazon said it was “simply not correct to suggest that we have unsafe working conditions based on this data or on unsubstantiated anecdotes.”
The GMB has been successful in winning cases to protect so-called gig economy workers before. In 2016 two Uber drivers in the UK won a landmark legal battle when they persuaded an employment tribunal that they were “workers” owed the minimum wage.
https://www.ft.com/content/837c1e50-6722-11e8-8cf3-0c230fa67aec
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