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No unfettered right of substitution

In a recent EAT decision (Stuart Delivery Ltd v Augustine), it was held that an employment tribunal was entitled to find that a courier was a ‘worker’.

The Claimant signed up for delivery jobs as a courier via the Respondents app. The Claimant was able to ‘release’ delivery jobs via the app for another courier to pick up if he did not want to do the delivery himself. However, if no other courier agreed to take the delivery job the Claimant would be under an obligation to complete the job otherwise there would be consequences. The EAT held this was not an unfettered right of substitution which would undermine the obligation to perform the services personally. As such, the EAT agreed the Claimant was under an obligation to perform the services personally as required for ‘worker’ status.

Peach Law’s legal team have lawyers that specialise employment status. For more information, on how we can help contact us on 0161 478 3800 or hello@peachlaw.co.uk.

No unfettered right of substitution

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