Claimant v DPD Group UK Limited

Outcome

Facts

The claimant was a parcel delivery driver who held three franchise agreements with DPD Group UK Ltd from May 2020 onwards. He operated as an Owner Driver Franchisee, hiring a van from the respondent and delivering parcels within designated franchise areas. Two of the three franchises were routinely driven by other drivers (his son and another driver), demonstrating he had no personal obligation to provide the services himself. A preliminary hearing was listed to determine whether the claimant had employment or worker status, and whether he held a protected philosophical belief.

Decision

The tribunal found that the claimant had no obligation to provide personal service under the franchise agreements, as evidenced by the fact that other drivers routinely serviced his franchises. Without the requirement for personal service, the claimant could not establish employee or worker status under the ERA 1996 or employee status under the EqA 2010. The tribunal therefore had no jurisdiction to hear any of his claims and struck them out. The tribunal also concluded on limited evidence that the claimant's claimed belief that 'all men are born equal' lacked sufficient cogency and coherence to constitute a protected philosophical belief. A costs order of £10,644 was made against the claimant for pursuing claims with no reasonable prospect of success after a deposit order and costs warnings.

Practical note

Legal authorities cited