B v Yodel Delivery Network Ltd (Order : Organisation of working time - Concept of 'worker' - Parcel delivery undertaking) [2020] EUECJ C-692/19_O (22 April 2020)

B v Yodel Delivery Network Ltd (Order : Organisation of working time - Concept of 'worker' - Parcel delivery undertaking) [2020] EUECJ C-692/19_O (22 April 2020)

Directive 2003/88/EC precludes classifying a person as a 'worker' where that person, under a services agreement, has genuine discretion to subcontract, refuse work, work for third parties (including competitors), and set their own hours, provided their independence is not fictitious and there is no relationship of...

Source-derived case information.

Citation
[2020] EUECJ C-692/19_O
Parties
Applicant: B; Respondent: Yodel Delivery Network Ltd
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (reference) / Order on Reference for Preliminary Ruling
Outcome
Preliminary ruling issued; guidance provided to referring court.
Legal Topics
Organisation of Working Time, Definition of 'worker', Employment Status, Self Employment, Subordination, Directive 2003/88/ec
Labour Law EU Law Organisation of Working Time Definition of 'worker' Employment Status Self Employment Subordination Directive 2003/88/ec

Source-derived case record

Summary, issues, holding and outcome

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Parties

B

Applicant

Yodel Delivery Network Ltd

Respondent

Procedural Posture

Preliminary Ruling (reference) / Order on Reference for Preliminary Ruling

Legal Issues

  1. 1 Whether a person engaged as a self-employed independent contractor with discretion to subcontract, refuse work, work for competitors, and set own hours can be classified as a 'worker' under Directive 2003/88/EC.

Ratio Decidendi

Directive 2003/88/EC precludes classifying a person as a 'worker' where that person, under a services agreement, has genuine discretion to subcontract, refuse work, work for third parties (including competitors), and set their own hours, provided their independence is not fictitious and there is no relationship of subordination. It is for the national court to assess these factors in the specific case.

Court Disposition

Preliminary ruling issued; guidance provided to referring court.

Orders

  • Directive 2003/88/EC precludes classifying as a 'worker' a person engaged as a self-employed independent contractor with genuine discretion to subcontract, refuse work, work for others, and set own hours, unless independence is fictitious or there is subordination. National court to determine status based on all...