England: Trans woman launches landmark discrimination case against ‘gig economy’ company

A trans woman has launched the first-ever transgender discrimination claim against a company in the “gig economy”.

Hayley Stanley, backed by the Independent Workers Union of Great Britain (IWGB), has filed a complaint with the Employment Tribunal against courier company Gnewt Cargo and its parent company, Menzies Distribution.

Gnewt’s services are subcontracted out to a number of larger courier firms such as Hermes, and it delivers for several high street brands including John Lewis, Debenhams, M&S, Next and Amazon.

Ms Stanley, who worked as a van driver for Gnewt from May 2014 to January 2018, claims she faced over three years of systematic bullying and discrimination while management ignored her concerns.

Because Ms Stanley was designated as an “independent contractor”, like many of those working in the gig economy, she was denied legal protections against discrimination granted to “limb (b)” workers.

The IWGB will argue before the Tribunal that Ms Stanley was in fact an employee or worker while at Gnewt.

Ms Stanley was eventually dismissed from Gnewt in January 2018, after she damaged the loading bay door when moving boxes her colleagues had placed in her loading bay, which she claims was an accident. The dismissal happened without warning and without giving her a chance to appeal.

Commenting on the case, Dr Jason Moyer-Lee, general secretary of the IWGB, said: “Employment rights are not just about wage issues they are also about dignity and humane treatment. The sort of transphobic bullying and harassment that Hayley was subjected to is just one example of the many human costs of companies bogusly classing their workers as independent contractors.

“Gnewt Cargo is not the only culprit here. If we want employment laws to mean anything, the government needs to actively enforce them.”