Royal Mail-Owned Courier Faces Tribunal over Drivers’ Rights

Why It Matters

If re‑classified as workers, the drivers could secure basic employment rights, setting a precedent for gig‑economy firms linked to essential services.

Key Takeaways

• 46 eCourier drivers contest self‑employment classification
• Case heard at UK employment tribunal this year
• Leigh Day previously won Uber workers’ rights case
• Potential entitlement to minimum wage and holiday pay
• Gig‑economy classification debate intensifies across UK

Pulse Analysis

The UK gig‑economy has been under legal scrutiny since the Supreme Court’s 2021 ruling that Uber drivers are workers, not independent contractors. That decision established a test for employment status based on control, integration, and economic dependence, prompting a wave of tribunal challenges across sectors. Legal experts note that the eCourier case will apply the same criteria, examining how job allocation, mandatory availability, and performance metrics align with worker status under the Employment Rights Act.

eCourier’s drivers, who transport time‑critical NHS blood and tissue samples, contend that despite the veneer of flexibility, they operate under strict schedules, bear vehicle costs, and face unpredictable income that often falls below the national minimum wage. Their testimony highlights 12‑hour shifts, long idle periods, and the inability to negotiate rates, underscoring the financial precarity common in gig roles. While the company claims drivers can opt for a worker contract with benefits, most have remained in the contractor model, suggesting limited practical choice.

A ruling in favor of the drivers could reverberate through Royal Mail’s broader logistics network, pressuring parent companies to reassess contractor arrangements for essential services. Investors and regulators are watching closely, as expanded worker rights may increase labor costs and reshape pricing models. Moreover, the case reinforces calls for comprehensive UK employment legislation that closes loopholes for gig firms, ensuring fair pay and protections for workers delivering critical public‑health functions.

Royal Mail-owned courier faces tribunal over drivers’ rights

Dozens of eCourier workers who deliver vital NHS samples claim they are classed wrongly as self‑employed · By Diane Taylor · Mon 2 Feb 2026 09:00 EST (last modified 13:26 EST) · Image caption: eCourier strikers and union representatives protest outside a Royal Mail delivery office in Whitechapel, east London, in November 2024. Photograph: Alice Horsley/GETTY Images

Dozens of eCourier workers who deliver vital NHS samples claim they are classed wrongly as self‑employed.

The 46 drivers are classified as self‑employed by eCourier. They work around the clock making deliveries, including transporting vital blood and tissue samples to and from NHS hospitals.

Their case, due to be heard at an employment tribunal this year, alleges that the company has wrongly categorised them as self‑employed despite features of their work that they say point to worker status. Such a classification would confer rights such as the minimum wage and holiday pay.

The drivers are being represented by the law firm Leigh Day, which successfully brought a similar challenge on behalf of Uber drivers. In February 2021, the Supreme Court ruled Uber drivers should be classed as workers rather than self‑employed contractors.

eCourier drivers say the level of control exercised over their work – including how jobs are allocated and expectations around availability and performance – is inconsistent with genuine self‑employment.

Two of the claimants, who asked to remain anonymous, told the Guardian they hoped the case would lead to improved working conditions. One said:

“We need eCourier to change how they categorise us. We deserve to have holiday pay and the other benefits associated. We want drivers to be treated with the respect they deserve.”

The second driver said he struggled to make ends meet under the current arrangements.

“I work 12‑hour shifts, five days a week, but depending on how many jobs I get, I can take home less than the minimum wage. Sometimes, I’m sitting in the van for five or six hours on my shift without work.

We have to pay our own vehicle rental, fuel and tax. Most of my work is delivering patient samples to NHS hospitals. I want to see a change in how drivers are treated and I just want things to be fair.”

Mandy Bhattal, an employment partner at Leigh Day, said:

“Leigh Day is of the opinion that eCourier is misclassifying their drivers as self‑employed, when in reality the drivers are able to point to various factors that indicate they are workers.

If the eCourier drivers are found to be workers, rather than self‑employed, they will be able to claim for holiday pay and national minimum wage, after deductions. Being classified as workers enables the eCourier drivers to assert greater employment rights than if they were self‑employed.”

The claim is supported by the Independent Workers Union of Great Britain. Its president, Alex Marshall, said:

“This case highlights the government’s failure to tackle the deep injustice that runs through the gig economy. While ministers promote the employment rights bill as a once‑in‑a‑generation advance for workers, they continue to ignore the elephant in the room: gig‑economy companies are still being allowed to opt out of basic workers’ rights altogether.

For employers who want to deny their workforce fair pay and protections, the gig economy remains wide open for business.”

An eCourier spokesperson said:

“We are unable to comment specifically on ongoing litigation matters. However, eCourier already offers couriers the choice of being engaged either as workers, with entitlement to rights such as holiday pay and sick pay, or as self‑employed contractors. Most have preferred to engage via the independent contractor arrangement.”