Mr K Collins Mrs W Collins v Hermes Parcelnet Limited — 2023

The claimants, who worked as couriers for the respondent, claimed unpaid wages on the basis that rate reductions made after a change to the respondent's payment model were not agreed by them and therefore amounted to unauthorised deductions from wages. The tribunal considered whether sums were properly payable under the contract and whether the respondent had a contractual ability to alter courier rates.

The tribunal found that the respondent had introduced personal rate groups in 2019 and that some rates payable to the claimants were reduced, although other rates increased and the claimants would have been no worse off on the invoices considered. The tribunal also found that the claimants did not raise concerns at that stage, that rates had been reduced for other couriers, and that GMB communications seeking protection from rate reductions supported the respondent's case that reductions could occur.

The tribunal concluded that, by the conduct of the parties, the respondent had the right to vary courier rates unilaterally, including by increasing or decreasing them. It also found that, given the respondent's business model and courier costs, it was necessary to imply a term enabling rate reductions even without agreement. The unauthorised deduction from wages claims therefore failed and were dismissed.