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Article

19 Nov 2018

Author:
Staffing Industry

Spain: Deliveroo withdraws appeal against ruling that said co's rider was employee, not contractor; agrees to pay compensation

"Spain – Deliveroo withdraws appeal in employment rights case", 8 Nov 2018

Human cloud food courier firm Deliveroo has withdrawn its appeal against a ruling by a Spanish court that a Deliveroo rider should have been treated as an employee and not as self-employed.  The ruling dates back to June 2018 when the Valencia court said Deliveroo was not allowed to dismiss rider Victor Sanchez in the way it did when it fired him for ‘lack of availability’.  The court said that he should have been treated as an employee and not a self-employed contractor and said that the dismissal was inappropriate.  Deliveroo then filed an appeal...However, Sanchez announced that Deliveroo had withdrawn its appeal which makes the decision definitive and means that Deliveroo must now compensate Sanchez for unfair dismissal and must repay him €700.  This effectively means that Sanchez was an employee and not self-employed.

The food courier firm’s reasons for withdrawing its appeal was because the costs of the appeal far exceed the sum of the dispute and added that it will have the opportunity to "defend its model" in another, more extensive trial expected on 25 February 2019 in Valencia, which will involve hundreds of riders...