Stuart Delivery Ltd v Augustine

Subject Matter

EMPLOYMENT — Contract — Worker — Courier accepting delivery jobs through app operated by company — Courier having option to sign up for specific time slots — Acceptance of slot committing courier to be available in return for guaranteed hourly payment — Courier able to relinquish slot via company app if another courier willing to take slot — Whether courier under obligation to perform work or services personally — Whether ability to release slot to other couriers inconsistent with obligation to perform work personally — Whether courier “worker” — Employment Rights Act 1996 (c 18), s 230(3)(b)

[2021] EWCA Civ 1514; [2022] ICR 511; [2021] WLR(D) 535; The Times, 18 November 2021, CA

Appellate History