Personal Service And The Right Of Substitution
| Published date | 10 January 2022 |
| Subject Matter | Employment and HR, Employment Litigation/ Tribunals, Employee Rights/ Labour Relations |
| Law Firm | Trowers & Hamlins |
| Author | Ms Emma Burrows and Nicola Ihnatowicz |
The Employment Appeal Tribunal (EAT) has held in Stojsavljevic and another v DPD Group UK Ltd that individual owner driver franchisees (ODFs) who provided delivery services to DPD were neither employees nor workers.
The drivers entered into franchise agreements with DPD to operate parcel delivery services. DPD argued that they were independent contractors. The issue for determination was whether the ODFs had an unfettered right of substitution. Under the franchise agreement the ODF had to supply a driver...
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