BCA tribunal hearing could result in hefty costs

BCA is set to face a potential financial setback in an upcoming tribunal hearing scheduled for the 29th and 30th of April 2026. Taking place at the Midlands (West) Employment Tribunal in Birmingham, this two-day hearing will address claims made by more than 800 BCA drivers represented by Leigh Day. Central to the proceedings is an application for a deposit order against BCA, requiring the company to pay a sum into the tribunal. This measure is sought as a precondition for BCA to pursue certain aspects of its case that are perceived to have limited chances of success.

At the heart of the matter is BCA's assertion that its drivers are no longer classified as workers after the 30th of January 2023, despite a previous tribunal ruling affirming their worker status and thus their right to at least the National Minimum Wage and holiday pay up until that date. Changes proposed by BCA to its working practices since January, including a right to substitution and revised methods for accepting or rejecting work, have led the company to contest its drivers' classification.

Gabriel Morrison, an employment solicitor at Leigh Day, is arguing that many of these alleged changes do not constitute meaningful alterations to the work dynamics and were not effectively communicated to many drivers. He noted that the earlier tribunal ruling was “relatively clear cut” and that many key factors leading to the worker status decision remain unchanged by the new arguments presented by BCA.

The tribunal's decision later this week regarding the deposit order carries significant implications. If granted, it could require BCA to pay a considerable sum, potentially amounting to hundreds of thousands of pounds, to continue its defence. The outcome of this hearing is crucial for the drivers, many of whom have dedicated years of service and are eager for a long-awaited resolution. Morrison expressed concern over further delays, emphasising that such setbacks could hinder drivers from obtaining results that hold considerable importance for their lives.