Deliveroo had already received two favorable judgments at the second instance. The Paris Court of Appeal condemned Deliveroo for “concealed Work” for the first-time. It confirmed the requalification of a service contract for a courier with an employment agreement.
The bicycle delivery man was able to “characterize the fictitiousness his independence with respect to Deliveroo, and the existence a real working relation, the proof that the existence of an permanent legal subordination link being documented”, notes the July 6 judgment.
The man who worked at Deliveroo from September 2015 to April 2016 was the first person to have the British platform convicted in February 2020 for conceal work. He appealed the decision by the Paris Labor Court.
Many couriers were dismissed by labor courts before and after. Deliveroo relies on two favorable decisions from the Paris Court of Appeal in 2017 and 2021.
Kevin Mention, the lawyer for the deliveryman, stated that “these previous judgments didn’t recognize an employment contract and therefore did not constitute the offense of conceal work”. “If the decision is different it is because of the evidence provided by courier. For example, the court ruled that the GPS system was used to monitor the fleet, which is the opposite of its previous two judgments.
The company responded in a press release, saying that “the old case mentioned in the judgment does not reflect how Deliveroo works with its delivery service provider today.” This decision does not affect the current Deliveroo model.
“Deliveroo’s delivery partners benefit from conditions which are those of self employed workers: they can connect whenever they want, (…) accept or reject each service offered, and to work with other platforms, if necessary, but are not required to wear Deliveroo-branded clothing,” continues the brand, which “analyzes this judgment in detail”.
Deliveroo recalls, too, that it has been ruled in favor of civil courts “six times”.
The April sentence for the Paris court was for concealed work in 2015 and 2017.
He was convicted again by the industrial tribunal of conceal work in June. This was his first conviction for facts post-2017. Deliveroo once again announced its intention of appealing, while Kevin Mention assured that a “second crime part” was in process for the period 2018-2022.
The Court of Appeal’s July 6 decision also condemned Deliveroo as a victim of moral harassment because of the “pressure” it exerted on its courier, and the numerous messages that were sent in an “aggressive or threatening tone”.
Me Mention finally announced that he would file a civil action for forgery or use of forgery. He did so on the basis of “false certificates” which, according him, allowed Deliveroo to get the favorable judgments of 2017 and 2021.
He said, “If justice recognizes the facts, this could enable the rejected deliverers” to return to claim their rights.
