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You can find the current article at its original source at https://www.theguardian.com/business/2016/nov/23/citysprint-courier-tells-tribunal-of-fear-of-receiving-less-work-on-refusing-jobs
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| CitySprint courier tells tribunal of fear of receiving less work on refusing jobs CitySprint courier tells tribunal of fear of receiving less work on refusing jobs | |
| (14 days later) | |
| A cycle courier who travels up to 50 miles daily has told a tribunal she has a “fear” of getting less work if she does not do what is asked of her in her job. | A cycle courier who travels up to 50 miles daily has told a tribunal she has a “fear” of getting less work if she does not do what is asked of her in her job. |
| Maggie Dewhurst, 29, from London, is seeking employment rights and wants courier company CitySprint to recognise her as a “worker” and not an “independent contractor”. | Maggie Dewhurst, 29, from London, is seeking employment rights and wants courier company CitySprint to recognise her as a “worker” and not an “independent contractor”. |
| She works from 9.30am to 6.30pm four days a week and said CitySprint’s standard contract was “littered with terms that are inconsistent with the reality of the role”. | She works from 9.30am to 6.30pm four days a week and said CitySprint’s standard contract was “littered with terms that are inconsistent with the reality of the role”. |
| Dewhurst said she carries out the work given to her “unless there is a good reason for not doing so” for fear of receiving less work. | Dewhurst said she carries out the work given to her “unless there is a good reason for not doing so” for fear of receiving less work. |
| The courier, who makes healthcare deliveries, said in her witness statement that she understands why CitySprint and other courier companies “attempt to characterise couriers as a network of independent businesses”. | The courier, who makes healthcare deliveries, said in her witness statement that she understands why CitySprint and other courier companies “attempt to characterise couriers as a network of independent businesses”. |
| She said: “It drives down costs and transfers risk. There are, however, consequences to this approach. | She said: “It drives down costs and transfers risk. There are, however, consequences to this approach. |
| “One such consequence is that a large group of people carrying out physically demanding work (in often hazardous conditions) cannot take paid leave.” | “One such consequence is that a large group of people carrying out physically demanding work (in often hazardous conditions) cannot take paid leave.” |
| Her statement added: “I, like most other cycle couriers, occupy a vulnerable position. The respondent does not guarantee the national minimum wage, provide holiday pay, or sick pay. | Her statement added: “I, like most other cycle couriers, occupy a vulnerable position. The respondent does not guarantee the national minimum wage, provide holiday pay, or sick pay. |
| “Unfortunately, competition within the sector (particularly in relation to pricing) has tended to be at the expense of the people delivering the work.” | “Unfortunately, competition within the sector (particularly in relation to pricing) has tended to be at the expense of the people delivering the work.” |
| Dewhurst, whose background is in architecture, makes deliveries to a range of hospitals in London, routinely delivering clinical notes, blood and semen samples, and prescriptions including restricted drugs. | Dewhurst, whose background is in architecture, makes deliveries to a range of hospitals in London, routinely delivering clinical notes, blood and semen samples, and prescriptions including restricted drugs. |
| She told the employment tribunal in central London that she receives instructions about delivery jobs from a controller, who tells her where to pick something up and where to deliver it to. | She told the employment tribunal in central London that she receives instructions about delivery jobs from a controller, who tells her where to pick something up and where to deliver it to. |
| Dewhurst said that while it was possible for her to refuse to carry out a job, it is “widely understood” that this is “not a good idea”. | Dewhurst said that while it was possible for her to refuse to carry out a job, it is “widely understood” that this is “not a good idea”. |
| She said in her statement that the controllers would find that “disruptive”, adding: “Ultimately this would impact on the amount of work I am allocated.” | She said in her statement that the controllers would find that “disruptive”, adding: “Ultimately this would impact on the amount of work I am allocated.” |
| Speaking at the tribunal, she said: “The fear that you’re going to get less work is prevalent.” | Speaking at the tribunal, she said: “The fear that you’re going to get less work is prevalent.” |
| She said there was a worry about getting moved “down the pecking order of favouritism”. | She said there was a worry about getting moved “down the pecking order of favouritism”. |
| Dewhurst also said she was required to book time off in advance and call the office if she was going to be late or sick. | Dewhurst also said she was required to book time off in advance and call the office if she was going to be late or sick. |
| The tribunal comes less than a month after online taxi firm Uber lost a legal battle in which two drivers successfully argued that they were workers rather than self-employed independent operators. | The tribunal comes less than a month after online taxi firm Uber lost a legal battle in which two drivers successfully argued that they were workers rather than self-employed independent operators. |
| Dewhurst is supported by the Independent Workers Union of Great Britain (IWGB), which says courier companies have been denying their workers rights such as holiday pay and entitlement to the minimum wage. | Dewhurst is supported by the Independent Workers Union of Great Britain (IWGB), which says courier companies have been denying their workers rights such as holiday pay and entitlement to the minimum wage. |
| The IWGB said it submitted Dewhurst’s case with three other cases against Addison Lee, Excel and eCourier. | The IWGB said it submitted Dewhurst’s case with three other cases against Addison Lee, Excel and eCourier. |
| IWGB general secretary Jason Moyer-Lee said the tribunal decided that all four cases would be heard at different times but by the same judge and described Dewhurst’s as the “lead case”. | IWGB general secretary Jason Moyer-Lee said the tribunal decided that all four cases would be heard at different times but by the same judge and described Dewhurst’s as the “lead case”. |
| The landmark Uber ruling sparked wider debate about the so-called “gig economy” – an environment where short-term jobs are common, flexibility is considered to be an advantage, while income uncertainty a drawback. | The landmark Uber ruling sparked wider debate about the so-called “gig economy” – an environment where short-term jobs are common, flexibility is considered to be an advantage, while income uncertainty a drawback. |