A courier's ability to "release" a delivery job
was not an unfettered right of substitution.
THE FACTS
To be a worker, an individual must be obliged to carry out
services personally. If the individual has a genuine and unfettered
right of substitution, they are not considered to be under such an
obligation and will not be a worker.
Mr Augustine was a motorcycle courier who worked for Stuart
Delivery Ltd, a technology platform connecting couriers with
clients via a mobile app. He made ad-hoc deliveries and also signed
up for "slot" deliveries. Couriers signing up to
"slot" deliveries agree to be available for work in a
particular area for a particular period in return for a guaranteed
minimum payment. Once accepted, the slot can be cancelled by the
courier by sending a "Release notification", which makes
the slot available for other couriers on first come, first served
basis. However, if no other couriers accept the slot, the original
courier remains liable to
