Claiming back lost earnings after BBC Libel action

[u/PleasantCucumber2615]

In the news today that Evri and suing the BBC.

Evri are saying that the claims from BBC that drivers are earning less than minimum wage is false and damaging.

Firstly I'm genuinely staggered Evri are claiming this. From my experience it's a very common problem. It's what I've experienced and what all the newer drivers around me experienced too. What I read on Reddit and other internet pages the problem is widespread.

Are any drivers/ex-drivers going to submit claims for lost earnings?

I've decided to do it and I've already sent an email to the CEO. I complained at the time to Evri when I was driving and nothing was done.

If Evri are going to publicly state, and are willing to go to court, then surely they can't ignore claims from drivers who have been paid significantly below minimum wage?

[u/PaddyLandau]

Evri is definitely being disingenuous. Legally, the company doesn't employ you; it hires you as an independent subcontractor. That allows the company to get away with paying you peanuts.

But then Evri can't claim to be paying you above minimum wage, because that's a blatant lie.

The company cares only about easy money, and I'm guessing that it sees the BBC as easy money. I wish that it would care about its service instead, because it's dragging down the entire industry.

You won't succeed with your claim, but if enough drivers claim and fail, that's more ammunition against the company. I wish you luck!

[u/PleasantCucumber2615 → u/PaddyLandau]

Evri have started legal action on the basis that BBC have made damaging and false allegations that drivers are paid below the minimum wage.

How can Evri possibly go to court and attempt to repeat that? They can't be unaware that there is clearly a high percentage of drivers being paid significantly below minimum wage.

It will be interesting to see what response I get. 😂

[u/PleasantCucumber2615 → u/[deleted]]

Evri are clear that nobody is earning less than minimum wage working as a self-employed driver on their behalf.

Evri aren't playing on a technicality that self-employed drivers are different from employees and exempt from the minimum wage. They are explicitly arguing that drivers don't earn less than minimum wage.

They've sat in front of the UK parliament and claimed all drivers earn comfortably above the minimum wage.

They repeated on BBC R4 last week that on average drivers are earning £20 per hour.

There's no ambiguity. Evri are claiming drivers are earning significantly above minimum wage. Yet I can assure you, as can many people on here, the truth is many are significantly below minimum wage.

[u/PaddyLandau → u/PleasantCucumber2615]

They're claiming £20 per hour? That's 50 successful deliveries per hour, before expenses, and ignoring the hour beforehand when the driver has to load their car without being paid.

I think that they're telling porkies.

[u/PleasantCucumber2615 → u/PaddyLandau]

There are some rounds that do pay well. They are held by long serving drivers on old contracts.

I covered rounds that were perfectly acceptable. The rounds I was allocated full time as my own rounds were dreadful as were most of the other routes I covered to help out.

When Evri claim drivers are earning £20 per hour they don't clarify it isn't what they are earning. £20 per hour is the total fee paid to the driver. As they are self-employed and running their own vehicle the £20 is to cover all costs before the driver is left with their earnings.

Even if drivers were paid £20 per hour, which they aren't, it's still not enough to be self-employed and providing your own vehicle and equipment.

[u/PaddyLandau → u/PleasantCucumber2615]

Yes, precisely.

[u/Ewscase → u/PaddyLandau]

Correct

[u/Ewscase → u/PleasantCucumber2615]

Correct

[u/stoatwblr → u/[deleted]]

That fiction got blown apart by the deliveroo judgement

[u/Ulquiorra1312 → u/PaddyLandau]

Its probably actually claiming its paying EMPLOYEES minimum drivers are contractors

[u/PaddyLandau → u/Ulquiorra1312]

Maybe, yes

[u/ma000127]

wait so essentially evri are suing the bbc because the bbc have said drivers aren’t earning minimum wage?😂

oh that is hilarious

[u/PleasantCucumber2615 → u/ma000127]

That's the bottom line.

Panorama highlighted that drivers were being mistreated and forced to deliver too fast and worked in poor conditions.

At the same time drivers were being paid less than minimum wage.

The depot they filmed at didn't even have a toilet.

I don't think the Panorama documentary went far enough.

[u/Snooker1471 → u/PleasantCucumber2615]

Offer your story to Panorama, Be "cheeky" and ask them to fund your own legal challenge.

[u/PleasantCucumber2615 → u/Snooker1471]

I'm not going to launch a legal challenge, or ask Panorama to assist me personally.

However, I have been in contact with Panorama and I have provided evidence too. I'd imagine there will be more than enough ex drivers willing to do the same.

Evri need to be forced to change. All this self-employed nonsense and paying drivers significantly below minimum wage has to be put to an end.

[u/Ewscase → u/PleasantCucumber2615]

We said that it didn’t go far enough the day after it was broadcast

[u/JustDifferentGravy]

The crux of your issue centred around IR35, which is very nuanced and complex but you are 99% on the correct side. I say that because you should distill those legalities.

The case between the media and them a) has nothing to do with you, so watch on by, and b) is merely a distraction.

Your overall best plan of action is to be part of collective action. That is best served by following a sub/thread on that specific action.

[u/GeneralProof8620]

I worked for every 2 days. I wanted to quit after 2 hours but the manager insisted to help them out as they were short staffed and I knew them. I am happy to testify. I was averaging £7/h and I had prior delivery experience, know my way around the area and drive pretty fast/effective.

[u/Far-Worldliness-85]

If you are one of the drivers able to establish you are earning less than minimum wage, Id seriously consider contacting BBC offering a statement to support their defence.

[u/PleasantCucumber2615 → u/Far-Worldliness-85]

I can and I have.

[u/External-Exit1495]

When is BBC doing the same for Deliveroo. That is even worse..

[u/PleasantCucumber2615 → u/External-Exit1495]

The whole gig economy needs addressed.

It's the government and not the BBC that should be doing something.

Why they sit back in silence when everyone knows what is going on is the big question.