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
  • 13 May 2026
  • Employment

10 top tips for negotiating a redundancy settlement agreement, for employers and employees

Redundancies are on the rise, resulting in increased use of settlement agreements. We’ve compiled our top 10 tips for drafting and negotiating these agreements to support both employers and employees through this challenging process.

art
  • 12 May 2026
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.

Pub
  • 11 May 2026
  • Immigration

How to prepare for Sponsor Licence Compliance in 2026: Essential tips for UK employers

Join immigration experts Ruth Karimatsenga and Monica Mastropasqua for an in-depth podcast discussion on sponsor licence compliance in 2026.

Pub
  • 07 May 2026
  • Employment

Employment Rights Act 2025: Key Changes for Employers

Join Katie Glendinning and Lucy White for a live webinar as they break down the key changes introduced by the Employment Rights Act 2025, offering clear insights into what these reforms mean in practice for employers and HR professionals.

art
  • 07 May 2026
  • Public Procurement

What the First Procurement Act 2023 Judgment Means for Automatic Suspension

It has been more than a year since the Procurement Act 2023 (PA23) came into force in February 2025, and the long wait for the first High Court judgment on the Act to be published is finally over.

art
  • 06 May 2026
  • Corporate and M&A

Community Interest Companies – What do you need to know?

This article seeks to provide an overview of the CIC structure’s key characteristics, the types of enterprises it suits, and some practical tips on the application process.