We are running a group claim on behalf of Amazon delivery drivers and On-Site Managers (OSMs). We believe Drivers and OSMs have not received the pay and rights they are legally owed.
Many drivers and OSMs are told they are ‘self-employed’ but the way you are actually treated at work matters more than the label used in your contract. Depending on how your work operates, you may in fact be legally classed as an employee or a worker rather than self-employed.
This matters because employee or worker status means you are entitled to holiday pay, the National Minimum Wage, rest breaks, and other basic employment rights.
Who may be eligible to join the claim?
We want to hear from anyone currently working as a driver or On-Site Manager for Amazon, however your contract describes you. Many drivers and OSMs provide their services through a separate company and invoice for their work. But this does not necessarily mean you are self-employed for employment law purposes.
We are not accepting enquiries from ‘Amazon Flex’ Drivers, but we welcome enquiries from those currently working as a Driver or OSM, even if you have recently switched between Delivery Service Provider (DSP) companies.
Who is the claim being brought against?
The claim is brought principally against Amazon, but also against the DSP companies that contract with Amazon for the supply of drivers and OSMs. This is to protect our clients’ interests if the Employment Tribunal decides there is no employee or worker relationship with Amazon.
What is the claim about?
This is an Employment Tribunal claim for backdated holiday pay, deductions from wages, underpayment of the National Minimum Wage, acknowledgement of rest breaks, and the right to a written statement of particulars of employment.
Why is employment status important?
In employment law, there are three main categories of working people:
- Employees, who have the fullest set of employment rights.
- Workers, who have a more limited but still important set of rights, including the National Minimum Wage and holiday pay.
- The genuinely self-employed, who run their own business and generally do not have these protections.
Being correctly classed as a worker or employee, rather than being incorrectly classed as self-employed, can mean the difference between being treated and paid fairly, or missing out on money and rights you are legally owed.
Why do we believe drivers and OSMs may be workers or employees?
We believe Amazon and our clients have mutual obligations regarding the work that is carried out. Amazon exercises significant control over how the work is done. Amazon monitors our clients closely and issues directions that our clients are required to follow.
Our clients are also integrated into Amazon’s operation and are expected to provide their services personally, without any genuine right to send someone else to do the work in their place.
For these reasons and others, we believe Amazon drivers and OSMs are entitled to employment rights including holiday pay and the National Minimum Wage, which in some cases goes back years.
What stage has the group claim reached?
This is a live and growing case. So far, we have been contacted by over 900 people interested in joining our group action. Hundreds of claims are progressing through the Acas Early Conciliation stage and some claims have already been presented to the Employment Tribunal.
What happens if the Tribunal does not find Amazon responsible?
We believe we have a strong case against Amazon directly. However, if the Employment Tribunal does not accept that Amazon is responsible, our case is that the relevant DSP company should instead be held responsible for these rights and payments. There are legal protections you can rely on if Amazon or your DSP treat you unfairly for taking part in the group claim.
What information do we need?
To help us assess your position, we will ask for details such as: how long you have worked as a driver or OSM, which company you work with, how your work is organised and monitored day to day, and any pay records or contracts you may have.
Do not worry if you do not have all of this information to hand. We will guide you through what is needed, step by step, in plain language.
Will it cost anything to join the claim?
We do not charge any fees upfront. If you are accepted onto the group claim, we would then pursue it with a view to succeeding at an Employment Tribunal hearing, or reaching a settlement that fairly compensates all our clients.
If a settlement or compensation is secured we would then take a fixed percentage of this amount to cover our costs.
Register your interest today
If you are currently working as a driver or On-Site Manager for Amazon, whatever your contract says, we want to hear from you. Joining is straightforward and you would be part of a large group claiming compensation.
Visit our page or call us on 033 3016 2222 to register your interest today.
