The WLR Daily case summaries
[2021] WLR(D) 535
Court of Appeal
Stuart Delivery Ltd v Augustine
[2021] EWCA Civ 1514
Moylan, Lewis, Snowden LJJ
2021 Oct 12; 19
Employment— Contract— Worker— Courier delivering goods by moped through smartphone app operated by company— Courier having option to sign up for time slots via app committing to be in certain area during slot in return for guaranteed minimum hourly payment— Whether courier “worker”— Whether courier required to perform work or services personally— Whether courier’s ability to release a slot to other couriers via app amounting to sufficient right of substitution to remove courier’s obligation to perform work personally— Clarification of guidance relating to requirement for personal performance—
Employment Rights Act 1996 (c 18), s 230(3)(b)