24 July 2018
Deliveroo food couriers are not employed: so was decided by the Amsterdam court on 23 July 2018 in the case of Sytze Ferwerda against Deliveroo.
Although Dutch employment law does not take into account new forms of work (for instance platform work), this decision does not result in an unacceptable situation. If this were the case, the legislator should take action. The court finds that in this case, given wat was agreed between the parties, how they acted in practice and given all other facts and circumstances, there was no employment relationship.
The courier knew he agreed to work as a self-employed person and enjoyed the corresponding flexibility. He did not earn less than when he was still employed with Deliveroo.
In Spain, the court recently found that Deliveroo couriers are indeed employed; in the UK they are found to belong to a newly created third categorie of 'workers': self-employed persons with some 'employee benefits'.
For more information, please contact Els de Wind.