Self-employed couriers can not take Deliveroo to an employment tribunal to be recognised as staff members
Self-employed couriers, who work for the restaurant delivery firm Deliveroo, have it written in their contracts that they can not go to an employment tribunal to be acknowledged as staff members for the company.
One particular clause within the company’s supplier contract, states that cyclists who are working for them can’t go to an employment tribunal if they are unhappy with their existing status and if they do go to a tribunal, they have to pay the company’s costs.
One lawyer, however, has said that the clause is worthless and meaningless and has probably been written to stop people from copying other workers in other places and from taking out any action.
Deliveroo, who send cyclists to restaurants to collect orders on behalf of customers, is another company in the spotlight at the moment for using self-employed workers that have less rights than members of staff.
Self-employed workers get paid about £7 an hour, plus an extra fee per delivery. They also have to provide their own phone and transport and are responsible for their own national insurance costs.
In the company’s contract with suppliers, it states that self-employed workers cannot take the firm to an employment tribunal.
The clause says: “You further warrant that neither you nor anyone acting on your behalf will present any claim in the employment tribunal or any civil court in which it is contended that you are either an employee or a worker.”
In another clause, it states that if a person does decide to take legal action, they must “indemnify and keep indemnified Deliveroo against costs that it incurs”. These costs include legal costs and expenses.
A partner at the law firm Leigh Day, Mr Michael Newman, who are representing the drivers in the Uber case, has looked at the Deliveroo contracts.
Mr Newman said that the clauses were more than likely meaningless and unenforceable because they tried to forbid or cap established employment rights and enforced penalties.
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