Deliveroo's contracts prevent access to employment tribunals

Deliveroo's contracts prevent access to employment tribunals

Deliveroo’s contracts prevent their deliverers from taking the company to court, disallowing them to be recognised as staff of the firm.

A clause in the Deliveroo supplier contracts says employees cannot take the firm to an employment tribunal, and if they do, they must cover the costs.

The company uses self-employed workers to deliver food from restaurants via bicycle. Deliverers receive £7 an hour plus extra for each delivery, provide their own transport and cover their own National Insurance fees.

In Deliveroo’s contract with suppliers, one clause reads: “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.”

An additional clause states that if they do take legal action they must: “indemnify and keep indemnified Deliveroo against costs (including legal costs) and expenses that it incurs.”

Uber, which also hires self-employed workers on a freelance basis, are currently involved in a court case, with a group of drivers arguing that they should be entitled to rights such as the National Living Wage, pensions and sick pay.

Michael Newman, Partner at Law firm Leigh Day, which is representing Uber drivers in their case, has said that clauses like this are likely to be unenforceable because they attempt to exclude or limit established employment rights, and imposed penalties - as reported in Business Matters. 

“They’re put there to scare the worker. They are going to think twice before they do anything,” he says.

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