The Chelmsford Crown Court has been impacted by a group of court translators and interpreters who have withdrawn their services in protest against the freelance pay and conditions.
They claim that the Ministry of Justice has now booked their services via an app run by contractor Thebigword (TBW), which has caused issues with billing and payment.
In 2012, the MoJ contracted out court translation services to TBW. TBW was awarded a contract in 2016 to provide these services. The company also provides telephone and face-to-face translation and interpretation services to other departments, including the NHS and emergency services.
One of the translators said that using the app meant late cancellations and travel cost issues. In some cases, only one hour was paid for a booking lasting a whole day.
One woman told the BBC she lived “pretty close to the poverty line”. One woman told the BBC that she was “pretty much on the poverty line”.
The action is not a strike because the interpreters do not work for TBW. Leigh Day, a law firm, is representing several claimants to try and get them classified as workers under employment law. This would give them full rights, such as minimum wage, holiday pay, etc.
The firm argues, due to the way it engages its workforce, which includes a detailed recruitment procedure, providing them with brand-name equipment, limiting their ability substitute others for their work and fixing their pay rate, that they should be classified as workers instead of independent self employed contractors.
One translator said to Leigh Day that he had been given the wrong address on several occasions when he went to work.
“I have travelled two or three hours to get to this job, but I cannot do the work I was hired to do as I am in the wrong location. I therefore lose the money I earned for the job.” When interpreters make mistakes, they are not lenient. But when it is their mistake, then the story changes.
They give you 28-days to submit your timesheet if it is face-to-face. The majority of agencies are now electronic, but if you work with thebigword, you will need to print out and fill out a timesheet. You’ll also have to get the client to sign it, then scan it, upload it, and send it to them.
You must wait until thebigword verifies it before you request payment. The process seems to be deliberately slow – the interpreter is not paid if the process fails. You are not paid in the month you do the work. At best, it is 60 days later.
A spokesperson from TBW stated: “We knew of a planned demonstration by a small number of interpreters among the 5,000 who work for us. We had contingency planning in place to minimize any impact on services provided by the courts.
“We enjoy a wonderful partnership with our translators, and they are very happy with the working conditions we have established with them. They understand and appreciate the benefits.
We have a dialogue with our employees about any concerns raised. Leading employment lawyers review our contracts to confirm that they are suitable for self-employed independent contractors.
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