Managers at Deliveroo have been given a list of dos and don’ts setting out how to talk to the firm’s food delivery riders, using terms that appear designed to fend off claims that they are employees.
In a six-page document seen by the Guardian, Deliveroo says its couriers, who deliver takeaways, should always be referred to as “independent suppliers” – self-employed workers with few employment rights – rather than as employees, workers, staff or team members.
The business models of gig-economy companies such as Deliveroo and taxi app Uber are based on using thousands of self-employed contractors rather than employees – a move that saves them millions of pounds in holiday pay, sick pay and tax. The workers have no right to the minimum wage.
Deliveroo’s guidance suggests that the food delivery company’s own staff could become confused by the definition of the riders’ role. The document provides carefully worded example sentences to explain how work practices can be described – and how they can’t.
Instead of hiring riders at a recruitment centre, for example, senior staff undertake “onboarding” at a “supply centre”. They must also talk about riders’ “availability” rather than refer to shifts. As an example, it tells staff they should not tell riders, “You did not attend a shift” and should instead say, “You were unavailable to accept orders at a previously agreed time.” Riders’ branded outfits must not be described as uniform, but only as “kit” or “equipment”.
The document’s list of dos and don’ts also says that riders do not clock on, but log in (to the rider app), and says that staff dealing with riders pay should always refer to invoices rather than payslips.
A spokesperson for Deliveroo said: “We have almost 1,000 full-time staff and work with over 15,000 riders in the UK. We ensure that employees know how to work with our partners, which includes training and guidelines to follow when talking to customers, restaurants, and of course self-employed riders.”
The dos and don’ts document has emerged as several groups of gig-economy workers take legal action claiming the status of employees or workers, with more employment rights than self-employed contractors. They include a group of Deliveroo couriers planning action against the food delivery firm claiming better employment rights including the minimum wage, sick pay and holiday. An initial 20 delivery riders involved in the case say they are employees and not, as the company argues, self-employed contractors.
In the latest challenge to employment conditions in the gig economy, the riders are seeking compensation for not receiving holiday pay and for being paid wages below the legal minimum for employees.
Law firm Leigh Day, which says it has a total of 200 Deliveroo riders lined up to take similar action, argues that they are employees because they are are required to carry out a trial shift, wear a uniform and are paid at a set rate with no say on terms and conditions. Their movements are also closely monitored by Deliveroo and subject to performance review.
All of this terminology falls under the “don’t” column in the Deliveroo document seen by the Guardian – with alternative wording supplied. It appears to indicate that language is a key factor in separating the definition of a self-employed contractor and an employee at Deliveroo.
The Independent Workers Union of Great Britain is also fighting for the right of union recognition at Deliveroo in Camden and Kentish Town, London. Some of the concepts central to the union’s case – such as the use of zones – also fall under the “don’t” column.
The union, which led strike action over changes to pay by riders in London last year and has also been campaigning for better pay for Brighton’s Deliveroo couriers, is applying to the central arbitration committee. In May it will begin the case by deciding whether riders should be classed as self-employed or workers.
Jason Moyer-Lee, the general secretary of the IWGB, said: “This document is further evidence of what the IWGB has been saying all along. Deliveroo is operating a charade with regard to its employment practices. It has even found it necessary to create a whole new vocabulary to hide what is blindingly obvious to any objective observer.”
Will Shu, the former investment banker who founded Deliveroo four years ago, told ITV News that he was not aware of the list of dos and don’ts, but said: “I feel that we’re providing high-paying flexible work to a large number of people.”
He suggested the government needed to clarify the rules on self-employment. “It’s not for me to decide what the definition of self-employment is. If you’re asking me do we want to give riders a level of security, not just flexibility, the answer is yes. But we’re going to have to work on the government in deciding what self-employment actually means.’’
Successful employment tribunal cases have already been brought by cycle couriers at CitySprint and Excel and drivers for taxi app Uber. All three cases found that the individuals concerned were workers, meaning that they were entitled to limited rights including holiday pay and the minimum wage, rather than self-employed contractors with no employment rights.
How to speak Deliveroo
The food delivery service has set out words and phrases that should and should not be used to describe its riders and their working practices. The company also provides handy example sentences:
Do say: Independent supplier, eg: “We offer riders hours of work and they choose how many to accept based on their availability and the areas they want to work in.”
Don’t say: Employee/worker/staff member/team member. eg “Drivers are employed by Deliveroo to complete deliveries.”
Do say: Onboarding, eg: “Before working with us, riders complete a programme of app demonstration, safety guidance and documentation checks”
Don’t say: Hiring. “Before their first shift drivers must complete a trial session”
Do say: Supply centre
Don’t say: Hiring office/hiring centre
Do say: Supplier agreement, eg: “Your supplier agreement may be terminated if you continue to fail to meet the service delivery standards.”
Don’t say: Employment contract, eg: “You are obliged by your employment contract to hit certain performance targets.”
Do say: Working with Deliveroo, eg: “While you are working with Deliveroo as an independent supplier, we would typically expect you to accept 95% of orders you are available to perform when logged in.”
Don’t say: Working for Deliveroo, eg: “Our drivers work for Deliveroo.”
Do say: Riders choosing an area of work, eg: “Riders choose to work with us in localised areas to enable them to complete orders safely within time estimate.”
Don’t say: Assigning riders to a zone, eg: “Drivers are assigned to their zone based on where we need them most.”
Do say: Kit/equipment/branded clothing, eg: “If you purchased an equipment pack when you started working with Deliveroo, please bring it back to the supply centre, where we will repurchase it from you.”
Don’t say: Uniform, eg “Please return the uniform you were issued with to the hiring office and we will refund your deposit.”
Do say: Availability, eg “Please indicate your availability via Staffomatic.”
Don’t say: Shifts/sessions/hours, eg “We schedule riders’ shifts in Staffomatic.”
Do say: Unavailability notification, eg “If you are unavailable for work for a prolonged period of time/at a previously agreed time, please let us know.”
Don’t say: Absence request/booking a holiday/asking for time off, eg “If you want time off, you must book a holiday.”
Do say: Inactivity, eg “According to the system, your rider app has been inactive since ... ”
Don’t say: Awol/unexplained absence, eg “According to the system you have been absent for ... ”
Do say: Logging in.
Don’t say: Starting a shift/starting a session/clocking in.
Do say: Fees, eg “Maximise fees at our busiest time.”
Don’t say: Wages/salary/earnings/pay, eg “Maximise earnings this weekend.”
Do say: Invoice, eg “Rider invoices are processed fortnightly.”
Don’t say: Payslip/wage slip/statement of earnings, eg “We will pay you every two weeks.”
Do say: Fee per delivery, eg: “The fee-per-delivery payment system has been designed to allow you to maximise your fees with complete flexibility.”
Don’t say: Piece rate/delivery bonus/delivery rate/drop fee, eg: “Working on a piece rate allows you to earn more at busy times.”
Do say: Service delivery standards, eg “Refer to your latest Service Delivery Standards Assessment to see whether you are meeting the Service Delivery Standards.”
Don’t say: Performance review/performance assessment, eg “Refer to your performance review to see whether or not you are hitting our targets.”
Do say: Supplier agreement review
Don’t say: Performance management/disciplinary meeting/(final) warning
Do say: Termination, eg “We are terminating your Supplier Agreement due to your failure to meet Service Delivery Standards.”
Don’t say: Firing/sacking/resignation, eg “We are firing you due to poor performance.”
Do say: Rider community/Roo community
Don’t say: (Driver) fleet/(driver team/team members/our riders
It started with a scooter
Deliveroo was founded in 2013 in a London flat by a former investment banker who spotted a gap in the market for late-night takeaways while working on deals long into the night.
While number-crunching for Morgan Stanley on Wall Street, Will Shu and his colleagues were able to spend their $25 dinner allowance on food delivered by local restaurants. But when he transferred to the bank’s London office, he found it much tougher to get nice restaurants to deliver.
Shu, who was born in Connecticut to Chinese parents, returned to the US to do an MBA. Then he teamed up with his childhood friend Greg Orlowski, who had been working as a software engineer, to launch Deliveroo in early 2013. It began with just three restaurants on its books, including the one Shu lived above on the King’s Road in London’s Chelsea.
The American made deliveries on his own scooter for the first eight months as a way of learning the business’s complex logistics.
While drivers complain of low pay, Deliveroo has raised close to $500m from investors to fund an international rollout. It now operates in over 140 cities across 12 countries, including Australia, Germany, Hong Kong and the United Arab Emirates.
Shu’s old scooter has now been sprayed gold and sits in Deliveroo’s London offices.