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Hermes Driver Employment Status to be Challenged at Tribunal

Logistics company Hermes faces tribunal action over whether its drivers are self-employed, employees or workers.The logistics company Hermes is under pressure from both the GMB union and HMRC over the way it treats the status of its drivers. Hermes considers its drivers are self-employed where the GMB argues they are workers and should be entitled to employment rights such as holiday pay and sick pay.

When considering whether an individual is an employee, worker or independent contractor, the Tribunal will look at the actual circumstances of the relationship and in particular the amount of control the “employer” has over the individual. Even though a contract might specify that an individual is self-employed, if the actual day to day relationship between the parties is that of an employer and employee, the individual may be deemed by the Tribunal as an employee and enjoy the additional rights and protections that come with that.