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Latest case on worker status: Excel Cycle Couriers
We report on the latest case where a major user of so called freelance staff has been caught out.
Background
Courier companies are currently the focus of attention when it comes to employment/worker status. City Sprint has been decided in favour of the workers. eCourier and Addison Leigh are next in line. Deliveroo is also facing an employment status challenge.
Perhaps unsurprisingly, this case, against Excel Cycle Couriers, case went in favour of the workers, holding that they were indeed workers and therefore entitled to holidays etc.
Expect this decision to be appealed.
Implications
Each case will be fact specific, but this one was decided on the following factors:
- 5 days work a week
- 9 hours work a day
- availability required at all times during working day
- time off or alternative hours had to be agreed
- workers had no say in amounts paid by clients
- rates of pay were fixed
- no risk taken in terms of damage in transit
- substitution made very difficult
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