Key questions regarding couriers employment status referred to CJEU

The Watford Employment Tribunal has today agreed to refer to the Court of Justice of the European Community a number of questions concerning the employment status of couriers, including the vexed question of whether a contractual right to use a substitute is fatal to a finding of worker status for the purposes of the Working Time Regulations. This issue has been at the heart of many of the recent ‘gig’ economy cases but will be the first occasion on which the CJEU has been asked to consider it. Cloisters barristers are on both sides of the argument: Chris Milsom is for the Claimant and Jason Galbraith-Marten QC is for the Respondent’