11.11.16 Amazon drivers – another Employment Status battle?

More couriers have claimed that they work illegal hours and earn less than the national minimum wage/national living wage.

Various recruitment agencies supply couriers to Amazon Logistics and whilst an undercover reporter was engaged by a recruitment agency to work at Amazon’s Bristol depot, they were told by the workers that they were required to deliver up to 200 parcels a day, which often pressured them into breaking speed limits to complete the deliveries in time.

Following the two-week undercover investigation, the reporter said;

• He received a fixed amount of £110 per route, or for a set of deliveries, which were completed each day
• Worked (driving) for more than 11 hours a day – drivers must not be on duty for more than 11 hours in any working day and should not drive for more than 10 hours in a day
• Paid £93.47 for three day’s work in the first week, this was after deductions which included optional van hire for a week and insurance (equal to £2.59 per hour)
• In the second week, rate of pay equated to £4.76 per hour for four days’ work
• He was told to defecate in bags and urinate in bottles because there was no time for toilet breaks

Many other drivers informed the reporter that they were paid a rate which was far less than either the National Minimum Wage or the National Living Wage, mainly due to working excessive hours to deliver all the parcels on their schedule. This “overtime” was not paid and neither were breaks or traffic related problems. Amazon Logistics requires agency drivers to be self-employed which means that they are not entitled to minimum wage or employment rights, i.e. rest breaks, sick pay or holiday pay.

Evidence suggests that the couriers could be classified as workers or employees because they do not determine their own routes, days of work or rest periods, therefore they may be entitled to the national minimum wage/living wage and other statutory employee rights.

Whilst Amazon have disputed this, it seems that the couriers have drawn lots of attention with the help of recent success cases such as; Uber and Hermes, potentially paving the way for even more and we could potentially see a similar tribunal case to Uber.

Amazon commented that they recently clarified with all their delivery providers that they expect drivers to receive at least £12 per hour before bonuses, incentives and fuel reimbursements. They also said they take road safety and the welfare of its drivers seriously and that drivers were free to choose when they worked.

To read some of Aspire’s recent articles on the use of self-self-employment and work practices, please see below;

“UK Uber drivers win Employment Tribunal case”

“Government Committee to Enquire into Worker Status and Working Practice”

“Courier company could face HMRC investigation over low pay and bad work practices”