2301176/2018, 2301178/2018, 2301180/2018, 2301182/2018 & 2301186/2018
Ruling on August 5, 2020
Authority: London South Employment Tribunal
Parties: City sprint UK ltd
Summary of facts: In 2017 cycle couriers at City Sprint had to sign a new form of contract, a 'revised cycle courier tender', in order to keep their job. They had a 'free choice tot sign the contract to keep the job'. They had to sign some questions, including 'A am engaged on a self-employed basis and have to account for my own tax, National Insurance and VAT if applicable', 'I am under no obligation to provide my services and City Sprint UK Ltd is under no obligation to give me any work at any time.', 'I can send a substitute in my place to do my work, so long as they can do the same work I have agreed to do.', and 'If I do not work, I will not get paid. As a self-employed contractor I will not be entitled to holiday, sick, maternity payments or any employee benefits.’ Rejecting the new contract would've meant having to find new work elsewhere. Before this new contract the cycle couriers were considered workers.
Legal question: If/when they were workers, are the claimants entitled to holiday pay dating back to the commencement of their engagement?
Considerations: The claimants were workers for the relevant period. As to whether this was just when they were on circuit or as part of an overarching relationship between circuits, I conclude it was the former. It is clear that there was considerable flexibility available to the claimants as to whether they worked to a consistent pattern. Some did but some did not. When they did not, they did not have to ask permission. When they were ready to work however they contacted the controllers and indicated that and that time was recorded in the office. Until they signed off at the end of the day (and were asked to inform the office at that point) there was a general expectation by both parties that they were available to accept jobs and would perform them personally.
Ruling: The cycle couriers were workers both before and after the new contract and therefore have a claim to holiday pay.