I am not one for taking sides whilst writing these articles, but only just realising that having a clause in your employment contracts that prohibits your workers from bringing a claim in the employment tribunals is a little bit late.
Employment practitioners would have all looked at the clause which read:
“You further warrant that neither you, nor anyone acting on your behalf, will present any claim in an employment tribunal or any civil court in which it is contended you are either an employee or a worker.“
And employment practitioners would have all raise their eyebrows, sighed heavily, and wondered how the company could have thought such a clause would be enforceable in the first place.
Deliveroo actually forbid that before they gave them the opportunity to work for them!
Dan Warne, the managing director of Deliveroo during a select committee hearing on the gig economy told MPs that the company needed to “revise the contract”.
For those of you who may have been following my articles, or just keeping up to date with employment law related news, you will note that this clause did not stop a number of Deliveroo workers who took the copany to an Employment Tribunal on the point of their status as employees.
It may (but perhaps should not) surprise you that Deliveroo have appealed the ET’s decision that their workers are in fact employees.
Businesses will need to ensure that their employment contracts and staff policies are on point. Employment law is forever changing, and this evolution is not set to change. It will be worth investing in good legal advice to give your company documents a health check to avoid any legal pitfalls along the way.