The drivers, who were hired in Spain and brought to the UK to deliver Amazon packages, claimed One Motion promised them that they would earn at least £100 a day and would be granted free housing, van rental, insurance and free return flights.
However some of the drivers allege that they were not paid in full. Others claim that they were billed thousands of pounds for vehicle damage after their contracts ended, which left them in debt.
The drivers have pursued a group tribunal claim against Amazon and OneMotion, which is supported by the United Voices of the World (UVW) union.
To avoid legal action, employers should set clear terms with subcontractors they work with, Ruth Cornish, founder and director of HR consultancy Amelore, told HR magazine.
She said: "Companies working with contractors that engage subcontractors need to have clear terms and expectations in place with the contractor. It can become a grey area when work is subcontracted as the intermediary can occasionally behave in a way that is unacceptable to the ultimate client."
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The drivers have claimed that One Motion representatives docked wages and compensation, as well as that their consent for the charges was not validly obtained.
One of the drivers who has pursued the claim, José Manuel Elá Asángono, said that One Motion did not pay him in full and owed him money.
According to Cornish, HR has a responsibility to protect the welfare of anyone who works for their organisation, regardless of employment status.
She added: "When dealing directly with anyone who is self-employed it is important to ensure there is a clear contract in place that covers what they will be paid or required to provide (such as vehicles and equipment).
"HR as a function has traditionally steered away from the self-employed but it is good practice to ensure that anyone working for your company has clear terms in place, to be satisfied that welfare and wellbeing are not being overlooked just because of someone’s contractual status."
As well as the drivers' claims, UVW representatives said that One Motion delayed the drivers’ pay and misclassified the drivers as subcontractors operating on a self-employed basis when they should have been classed as workers.
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Employers do not have as much of a legal duty to protect workers or self-employed people as they do to employees, Leah Edwards, employment solicitor at Aaron and Partners, explained.
Edwards told HR magazine: "The duty is not as great as in an employment relationship.
"However, if a company is contracting with an organisation to engage workers on the company’s premises, such as a factory, or if they are working under the guise of the company, such as Amazon, the company must ensure that health and safety is complied with, ensure protection from discrimination, and comply with any contractual obligations set out in the commercial contract between the company and the subcontractor."
Creating legally compliant terms and conditions would also help employers engage suitable subcontractors, Edwards noted.
She continued: "Employers should ensure that the terms and conditions in the commercial contract are legally compliant, up-to-date and set out any specific requirements or expectations, including in respect of pay. This can also form part of the tendering process which should root out unsuitable subcontractors."
One Motion and Amazon have denied the allegations.
