Postmasters Branch launches legal bid for ‘worker status’

Postal September 19 2018

In August, the CWU submitted a group Employment Tribunal claim seeking to formally establish ‘worker status’ for postmasters.

Initially, the test case is being brought on behalf of 123 volunteer claimants, but this figure will continue to rise as recently joined postmaster members are keen to be included in the claim.  If the application succeeds, it could apply to potentially thousands of postmasters around the UK.

Assistant secretary Andy Furey explains: “Recent high-profile cases brought by Uber drivers and employees of Pimlico Plumbers have, in the assessment of our legal advisers, given us reasonable grounds to be confident in our claim that postmasters have worker status while providing services for the Post Office and its customers.”

Last year, the union submitted its case to Post Office senior management, citing six key arguments for worker status based on postmasters’ contractual terms, including the “extensive degree of control” imposed by the Post Office over operations, the “prescriptive nature” that the Post Office exerts over the provision of services and the “obligation to comply” with various other company rules and regulations*

But the business refused to budge from its current stance that postmasters are “in business on their own account” and that this makes it “impossible” for them to have worker status. **

The union consequently submitted its Employment Tribunal claim on behalf of the 123 members earlier this year and the company has subsequently responded to the CWU’s Tribunal claim setting out its position in detail.

“Our Postmaster Branch secretary Mark Baker and I met with our legal team last week and it’s fair to say that they were evidently underwhelmed by the narrative and arguments proffered by the Post Office’s Queens Counsel,” says Andy, adding that they had described the Post Office’s arguments as “clutching at straws.”

The case has now been referred to the Central London Tribunals office and is expected to be heard in the New Year, following a preliminary hearing which the union is hoping will be before Christmas.