Delivery company DX is the latest organisation in the firing line. The GMB union has instructed solicitors to progress ACAS early conciliation for 23 existing and former drivers. The drivers claim they are workers while the company maintains that they are self employed. If the early conciliation is unsuccessful it is anticipated the claims will proceed to an Employment Tribunal.
The Independent Workers Union of Great Britain is trying a different approach to getting Deliveroo couriers workers' rights. Having previously requested Deliveroo enter formal recognition proceedings with the union the matter is now going before the Central Arbitration Committee (who are responsible for the statutory recognition of unions) on 24 and 25 May 2017.
Meanwhile the Business, Energy and Strategy select committee currently undertaking the inquiry into the future world of work have been told that the distinction between "employee" and "worker" should be abolished. The committee was told that having the three tiers (employment, worker and self employment) encouraged businesses to structure relationships so that people slotted into the least burdensome category. David Widdowson from the Employment Lawyers Association suggested that removing the differentiation between employee and worker would have the advantage of removing quite a lot of the reason for the recent litigation. The inquiry continues.
For employers who are presently struggling with identifying the status of their staff, ACAS has recently updated its status guidance and HMRC has created a tool to check employment status. The HMRC tool is designed to help businesses work out if intermediaries legislation (IR35) applies and whether a worker should pay tax through PAYE for an engagement. HMRC have confirmed they will be bound by the outcome unless a compliance check shows inaccurate information has been input.