27 June 2024 by Monidipa Fouzder
Court interpreter supplier faces group action over employment rights
The language services company contracted to provide courtroom services faces a fresh headache after it emerged that interpreters and translators are joining forces to potentially bring a group claim over employment rights.
Thebigword has been busy in recent weeks addressing a long list of grievances raised by interpreters over the company’s new booking system. On Monday, high-profile firm Leigh Day announced it is acting on behalf of interpreters and translators who believe they should be treated as workers and given appropriate rights under employment law, including holiday pay and at least minimum wage. Interpreters and translators are currently classed as self-employed contractors.
Leigh Day said interpreters and translators should be classed as workers because of the way thebigword engages them. For instance, they have to undergo a detailed recruitment process, they are assigned their own specific photo ID badge, their rate of pay is fixed, they are limited in their ability to substitute others to do their work, and thebigword generates their invoices.
Translators and interpreters could be entitled to compensation in the form of backpay, Leigh Day said, but thebigword would be legally required to compensate only those who have brought a claim.
Gabriel Morrison, a solicitor in Leigh Day’s employment team, said: ‘Companies like thebigword who rely on “gig” workers should not be exploiting the system by denying them the rights they are entitled to. thebigword prides itself on being one of the largest language service providers globally, and clearly the translators and interpreters it works with are key to that success and should be paid fairly.
‘From speaking to our clients, I know the added stress that not receiving a reasonable wage puts on them, especially during the ongoing cost of living crisis. There is strength in numbers and our hope is, that by launching a group claim, thebigword recognises that they need to address the issue urgently.’
One of Leigh Day’s clients, whose hourly rate has not increased in the past seven years, is quoted in Monday’s announcement. The client said thebigword gives interpreters and translators 28 days to submit a timesheet for face-to-face work. 'You also don’t get paid the same month as doing the work - you get paid at best 60 days after the job has been invoiced,' the client said.
Leigh Day, which is working on a no win, no fee basis, has 15 clients so far but expects more to join following Monday’s announcement.
A spokesperson for thebigword said: ‘We have a great partnership with our interpreters, who overwhelmingly enjoy the working arrangements we have with them.
‘Our contracts are reviewed by leading employment lawyers who confirm they are entirely appropriate for self-employed freelancers. Our interpreters can work around family and caring commitments, as well as religious holidays, set their own hourly rates and work for others as desired.
‘There are considerable benefits to the current working arrangements which our interpreters appreciate and understand. These would be put at risk should this claim receive support.’
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