"Stuart loses court appeal on worker rights", 20 October 2021

The Court of Appeal...ruled a former Stuart delivery rider was a worker and the company was unlawful in denying him rights such as minimum wage and holiday pay.

Stuart...now faces a fresh legal challenge from a group of 207 riders, also demanding they be recognised as workers.

The court on Monday ruled moped delivery rider Warren Augustine was a ‘limb (b) worker’, since Augustine was required to complete delivery jobs personally, and was unable to appoint a substitute to carry out the work.

Stuart tried unsuccessfully to argue that because it reallocates any jobs rejected by a courier, they have the right to substitution – part of the definition of an independent contractor. Lord Justice Lewis agreed with the findings of a previous employment tribunal that “the claimant’s ability to release a slot to other couriers via the respondent’s app was not a sufficient right of substitution”...

Leigh Day is now bringing legal claims on behalf of hundreds of Stuart riders, arguing the ruling applies to them too...

... a Stuart spokesman said it respected the court’s decision.

“Since then we have made a number of changes to our business and our operating model as part of our ongoing commitment to being the best delivery platform for couriers seeking flexibility and financial security,”...

“We regularly survey our courier partners to ensure we are fulfilling this commitment and the results demonstrate the overwhelming majority of couriers are satisfied performing deliveries through the platform,” he added...