GMB LAUNCHES LEGAL ACTION AGAINST DX IN LATEST BATTLE AGAINST FORCED SELF-EMPLOYMENT
Just like Uber, DX are also engaged in bogus self employment says GMB
GMB, the union for forced self employed workers, are to start legal action on behalf of members working as couriers for delivery company, DX. The claims will be for the drivers to receive holiday pay and the national minimum wage.
Legal action will be taken to secure rights on pay, holidays, health and safety, discipline and grievances on behalf of members who work as couriers and drivers for DX.
An employment tribunal ruled on Friday, 28 October 2016, that drivers who brought a claim against Uber are workers and that Uber is wrong to label them as self- employed. This was the biggest workers’ right case in recent times, brought by GMB on behalf of our members.
DX Couriers are currently classed as ‘self-employed’, not workers or employees, and are not entitled to basic employment rights such as minimum wage, holiday or sick pay.
The issues outlined below, many covered by the Uber decision, may mean that DX drivers should be classed as workers and therefore eligible to better workers’ rightslike paid holidays (5.6 weeks per year), national living wage (£7.20 per hour for over 25s, increasing to £7.50 from April 2017), rest breaks and whistleblower protection.
· DX interviews and recruits drivers
· DX sets the volume of work for drivers
· DX requires drivers to use their own handheld device
· DX set the price for each delivery
· DX drivers have to find their own holiday cover
· DX produce invoices for drivers
· DX handle complaints about drivers
Maria Ludkin, GMB Legal Director said:
"Just like Uber, DX are using forced self-employment as a reason not to pay holiday pay and in some situations, pay below the minimum wage."
“All our members want is basic employment rights as are enjoyed by the majority, including the right to be paid a minimum wage and holiday pay.
“This is another company trying to duck its obligations and responsibilities by making its workforce ‘self-employed’.
“These are effectively working full-time for one company, DX, without many of the basic employment rights enjoyed by employed workers.”
NOTES TO EDITORS
1) GMB press release 6 March 2017 - http://www.gmb.org.uk/newsroom/gmb.org.uk/gmb-protest-at-tipton-dx.html
GMB PROTEST AGAINST DX IN TIPTON TO GET DRIVER HIS JOB BACK
This is another case where the workers’ rights are not being properly recognised and the company needs to treat people with respect they deserve says GMB
GMB, the union for forced self employed workers, are to protest and raise a petition outside the DX depot in Tipton, West Midlands on Wednesday 8 March to get a DX driver reinstated. [See notes to editors for list of all DX depots]
The driver was sacked for refusing to deliver parcels on a Saturday morning to a place the company and the driver knew was closed.
The protest and petition signing starts outside Tipton Depot at 5.00am until 7.00amand then again from 3.00pm until 11.00pm on Wednesday 8th March 2017, at: Unit 3-5, Bloomfield Park Industrial Estate, Bloomfield Road, Tipton, West Midlands, DY4 9AP