Hermes: Leigh Day Case

Claims for Hermes couriers
Are you a Hermes courier? Do Hermes refuse to give you holiday pay?

If so, we can help.  We can bring a claim for both back pay, and to ensure that you receive holiday pay in future as a right.

Leigh Day are bringing claims for Hermes couriers to receive holiday pay. Hermes currently use contracts that attempt to classify couriers as self-employed independent contractors, but Leigh Day have already been successful in showing that Hermes couriers are both self-employed and workers, and so are entitled to holiday pay.

Background to Hermes claim
In June 2018, the Employment Tribunal ruled that a group of Hermes couriers are workers, which entitled them to rights such as holiday pay. Leigh Day represented these couriers. The judgment can be found here.  

In January 2019, Hermes accepted the judgment applied to all of the couriers who brought claims. Hermes also withdrew an appeal to the Employment Appeal Tribunal, and have not challenged the June 2018 ruling further.

Hermes have suggested that they will introduce holiday pay for all couriers in their workforce on a voluntary “self-employed plus” model in the future. However, Hermes have not yet introduced these changes and couriers have also not received any compensation for back holiday pay for their work with Hermes.

If you are a Hermes courier, we believe that you are a worker and should be entitled to claim back the following:

  • Back pay for unpaid holiday pay for the whole period of your work; and
  • Paid holiday in future if you still work for Hermes;

This claim is about showing you are a worker for the purposes of your employment rights, and we are not disputing your tax status in bringing this claim. You can both be a worker in relation to your employment rights and self-employed for tax purposes.

As a worker, you have legal protection from Hermes acting to your detriment in any way for claiming these rights. If Hermes try to remove or change the conditions of your work because of your holiday pay claim, you may be entitled to additional compensation.

How to join the claim
If you would like to register your interest in pursuing a claim, you can do so by completing our short registration form

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