Just when you through the gig economy couldn’t crack even further, the healthcare sector is joining the growing list of casualties affected by claims from unhappy workers.
A number of couriers who carry emergency blood supplies and delivery passports have begun two new challenges. They are challenging their self-employed status; one Claimant stating that he risks “his life every day to get emergency blood to people, but the company won’t even recognise [his] employee rights without a fight.”
In practice, these workers are employed under a contract. They have an obligation to turn up to work. They are unable to have someone else take they spot if they so desire (aka substitution).
Now, let’s call a spade a spade. On face value, it is not so far-fetched to come to the conclusion that they are entitled to employment tights. Why? Because they are employees!
A self-employed worker does not receive entitlement to employment rights such as unfair dismissal, statutory sick pay or holiday pay. These ‘status claims’ are therefore a big deal.
Alas, debating in the wings are the MPs who are daily attempting to figure out how to clarify the worker’s employment status…