The UK recognises three categories of employment status: employees, 工人s 和 self-employed contractors, each with varying levels of protection under employment law. Employees are entitled to the full suite of employment rights, while self-employed contractors have very little protection under employment law. Workers who are not employees sit somewhere in the middle 和 are entitled to core rights such as sick pay 和 breaks, national minimum wage, statutory holidays 和 holiday pay. Hermes claimed that their delivery couriers were self-employed 和 , as such, were not entitled to these core 工人s’ rights.
在 reaching the decision that the couriers were 工人s, the tribunal held that:
- 爱马仕自己在文件上的证据，尤其是关于文件与快递员之间的薪酬谈判的证据，“完全没有说服力”，有时甚至令人难以置信。仲裁庭认为，在任何情况下，薪酬谈判都是– in reality –有限且特殊。
This finding is another judgment in a long run of gig economy cases, in which individuals who are ostensibly self-employed have succeeding in their claims that they are, in fact, 工人s. The reason that Hermes 和 other companies in the gig economy (Pimlico Plumbers, City Sprint, Addison Lee etc.) are fighting these status cases so hard is that misclassification is expensive, for both future payments 和 in respect of past omissions, including for non-payment of holiday pay following the recent ECJ’s decision in the case of 王 v 窗扇车间有限公司 在那种情况下，欧洲法院裁定，在雇主拒绝带薪休假的情况下，包括在个人被错误地归类为自雇的情况下，《工作时间指令》规定的带薪年假的权利可以无限期延续。