Search

How can we help?

Icon

Employment Status: Courier’s ability to ‘release’ job was not an automatic right to substitute

In Stuart Delivery Ltd v Augustine 2019, the EAT upheld the employment tribunal’s findings that a delivery courier was a ‘worker’ under S.230(3)(b) of the Employment Rights Act 1996.

The Claimant was a delivery courier who undertook fixed time slots for the Respondent. During the fixed slot, the Claimant was confined to his agreed operation zone and undertook deliveries that were offered to him via an app for an agreed hourly wage. He could not hold himself out as being available to other delivery companies during this time.

The Claimant was able to release the slot assigned to him to be picked up by other couriers in the area via SD Ltd’s app. However, if no other courier accepted, then the Claimant was duty bound to complete his allocated deliveries.

SD Ltd argued that the Claimant was self-employed as the ability to release his slot to other couriers amounted to a right to substitute. However, the tribunal considered that this was not the character of a substitution clause that would deny him ‘worker’ status.

SD Ltd appealed the decision but the EAT upheld the tribunal’s findings.

The EAT upheld the employment tribunal’s findings that a delivery courier was a ‘worker’ under S.230(3)(b) of the Employment Rights Act 1996.

The EAT agreed that the tribunal had correctly found that the Claimant could only be released from his obligation to perform the deliveries himself if another courier signed up to his slot. This meant he had no control over whether the delivery would be picked up or by whom if released.

This therefore did not amount to a ‘right’ of substitution and so did not undermine the requirement for personal service, under s230(3)(b) of the Employment Rights Act 1996.

Link to transcript: https://www.gov.uk/employment-appeal-tribunal-decisions/stuart-delivery-ltd-v-mr-warren-augustine-ukeat-0219-18-ba

Employment status has a significant impact on your obligations as an employer. With the upcoming changes to the IR35 rules, determining the employment status of your workforce is paramount. To speak to one of our experts about employment status click here.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 16 October 2025

Chambers and Partners 2026: Clarkslegal’s continued commitment to excellence

Clarkslegal is delighted to announce that we have once again been recognised by Chambers and Partners as a leading firm in their 2026 guide.

art
  • 15 October 2025
  • Immigration

Registering a child as a British Citizen: A guide to section 3(1) applications

This article explains the process of registering a child as a British citizen under section 3(1), including the eligibility criteria, the Home Office approach, and key factors that influence whether an application is approved.

art
  • 15 October 2025
  • Commercial Real Estate

A commercial lease in England: a few essential points to consider

Thinking about a commercial lease in England? Whether your lease is short or long, here are five essential clauses to keep in mind during negotiations.

art
  • 13 October 2025
  • Privacy and Data Protection

AI and Data Protection: key legal developments in 2025 – 2026

The rapid integration of artificial intelligence into the workplace continues to reshape how organisations manage data, recruitment, and decision-making. Alongside this technological shift, UK and international regulators are introducing new legal frameworks designed to balance innovation with accountability.

Pub
  • 13 October 2025
  • Immigration

Spouse Visa UK Guide 2025

Our immigration solicitors have a proven track record of obtaining fiancé, spouse and unmarried partner visa for applicants wishing to come to the UK as the partner of a British/ Irish citizen or person present and settled in the UK.

Pub
  • 13 October 2025
  • Employee Ownership Trust

Get your tech business ready for market

We recommend taking the following steps to ensure your business is best placed to capitalise upon a quick and efficient sale process.