An employment tribunal has ruled that a self-employed courier for the firm Excel was actually “a worker”.
Cycle courier Andrew Boxer argued he was entitled to one week of holiday pay based on his work for Excel.
The tribunal said his claim was “well-founded” and that the firm “unlawfully failed to pay the claimant”.
The ruling adds more legal weight to claims that some firms in the so-called gig economy are engaged in “bogus self-employment”.
Mr Boxer took the claim against Excel with the support of the Independent Workers’ Union of Great Britain.
During the period when the case was running, the courier business of Excel entered voluntary liquidation and was bought by the logistics firm CitySprint.
Excel did not attend the tribunal hearing. The firm initially offered to pay the claim for holiday pay “without acceptance of the validity of the claimant’s claim”. That was rejected by Mr Boxer.
In January, an employment tribunal found that a courier with CitySprint, should also be classed as a worker rather than self-employed and that she should be entitled to basic rights including holiday and sick pay and the national living wage.
The taxi-hailing firm Uber lost a similar case last year and has launched an appeal.