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Monday 09 January 2017 9:01 pm

Deliveroo riders speed towards legal action for workers rights with the lawyers that won rights for Uber drivers

By: Francesca Washtell

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Legal eagles at the same law firm that last year won a landmark tribunal against Uber have said they are advising Deliveroo riders on potential legal action over workers rights.

Law firm Leigh Day is counselling delivery staff at the food and drink service, which claims its riders are self-employed contractors and therefore not entitled to rights such as holiday pay and the National Minimum Wage.

Leigh Day’s employment team is gearing up to argue that as Deliveroo drivers are recruited by the company, are required to wear Deliveroo-branded uniform, have to use a specific branded box and are subject to performance reviews, this means they are not self-employed and are being unlawfully denied employment rights and protections.

Read more: Fancy a Deliveroo cooked in a shipping container?

"The idea that Deliveroo riders are self-employed contractors in business on their own account and that Deliveroo is a customer of each rider’s business is absurd," said Annie Powell, a lawyer in the employment team at Leigh Day.

Deliveroo riders carry out the sole function of Deliveroo – to deliver food and drink from restaurants to customers – and are tightly controlled by Deliveroo in what is clearly a dependent work relationship.

We will argue that Deliveroo has no reasonable grounds to argue that its riders are self-employed contractors and that it should immediately ensure that its riders are paid at least the National Minimum Wage and receive paid holiday.

Read more: Now Deliveroo drivers are launching a bid for greater workers rights

In October, Leigh Day represented Uber workers in a tribunal, the first of its kind, that found drivers for the app are not self-employed and are entitled to basic workers’ rights.

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