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Bike Courier Deemed ‘worker’ in Recent Case, Echoing earlier UBER Case
- A contract of employment. (That is to say, someone who also meets the definition of employee under section 230(1) of the ERA 1996.)
- Any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual. (This is sometimes referred to as the limb (b) worker test.)
Both cases discussed issues of control and mutuality of obligation, and in both cases dismissed the contractual documentation which had been created by the firms to seek to impose a status of ‘self-employed contractor'; stating that this did not reflect the true nature of the employment relationship existing between the parties. Instead, the Tribunal chose to consider the reality of the situation, and in both cases found that ‘worker’ status applied, thereby entitling the claimants to additional related benefits.
This is the first of four employment status cases which are being brought in the London Central Employment Tribunal against courier companies.