The Deliveroo platform, which had so far obtained two favorable judgments at second instance, was for the first time condemned for “concealed work” by the Paris Court of Appeal, which confirmed the requalification of the service contract of a courier with an employment contract.
This bicycle delivery man succeeded in “characterizing the fictitiousness of his independence with regard to the company Deliveroo and the existence of a real working relationship, the proof of the existence of a permanent legal subordination link being reported “, notes the judgment dated July 6, transmitted this Friday to AFP.
This worker who worked for Deliveroo between September 2015 and April 2016 was the first to have had the British platform condemned at first instance in February 2020 for concealed work, which had appealed the decision of the Paris labor court.
This decision has “therefore no consequence on the current model of Deliveroo”
Before and after, many couriers have been dismissed in various industrial tribunals, Deliveroo relying in particular on two favorable decisions in 2017 and 2021 from the Paris Court of Appeal.
“These previous judgments did not recognize an employment contract and therefore not the offense of concealed work”, commented Kevin Mention, the deliveryman’s lawyer. “If the decision is different, it is due to the amount of evidence provided by the courier concerned. For example, the court said the opposite of its two previous judgments by confirming that the GPS system was indeed used to monitor the fleet”.
“The old case mentioned in this judgment does not reflect the way Deliveroo operates with its delivery service providers today,” the company reacted in a press release. This decision has “therefore no consequence on the current model of Deliveroo”.
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“Deliveroo’s partner deliverers benefit from conditions that are those of self-employed workers: they are free to connect when they wish, (…) to accept or refuse each service offered to them, to work with other platforms if they wish, they are not required to wear Deliveroo branded clothing”, continues the brand which will “analyze this stop in detail”.
First convicted in April
Deliveroo also recalls that civil courts have ruled “six times” in its favor. In April, the meal delivery specialist, who then appealed this decision, was nevertheless sentenced for the first time to criminal charges for concealed work between 2015 and 2017 by the Paris court.
In early June, he was again convicted by the industrial tribunal for concealed work, for the first time for post-2017 facts. Again, Deliveroo has announced its intention to appeal while Kevin Mention assures that a “second criminal part is in progress for the period 2018-2022”.
In its decision of July 6, the Court of Appeal also condemned Deliveroo for acts of moral harassment due to the “pressure exerted” on its courier and numerous messages in an “aggressive and threatening tone”.
Finally, Me Mention announced his intention to file a complaint with civil action for forgery and use of forgery, on the basis of certificates which he considers “false” and which, according to him, enabled Deliveroo to obtain the two judgments favorable from 2017 and 2021.
“If justice recognizes these facts, this could allow the rejected deliverers to return” to assert their rights, he said.