the owner-drivers contended that they were contracted to dpd as individual drivers and so were employees or at least workers (therefore providing them with certain employment protections). if the dpd owner-drivers were required to perform the services personally and could not send a substitute or could only send a substitute in very limited circumstances, this would point towards at least worker status. the original employment tribunal had held that the owner-drivers had an “unfettered right” to send a substitute in their place if they were unable to do the work themselves. the eat found that the franchise agreement reflected the true agreement between the parties and that dpd was entitled to require “drivers” to satisfy the above requirements.
the eat held that a right to substitute that is only limited by the need to show that the substitute is qualified, is inconsistent with personal service. as a result, the owner-drivers had a genuine right of substitution and therefore were not workers or employees, but instead were self-employed contractors. in doing so, they can look behind the express terms of the contract, to consider personal service, control and mutuality of obligation (whether there is an obligation to offer work and for the individual to accept work), amongst other things. when preparing franchise agreements, care should be taken to ascertain the role that the franchisee will have, particularly where the franchisee is the only individual working within the franchise.
(b) “contract” means the contract of carriage or other services between the customer and the company into which these conditions shall be deemed to be incorporated. (d) the customer shall be deemed to have notice of and accepts these conditions if and as soon as he places an order with, or accepts a tender from, the company for the carriage of goods or other services. (a) where the customer is not the owner of some or all of the goods stored or carried, the customer shall be deemed for all purposes to be the agent of the owner or owners and that if any other person has an interest in the goods the customer is acting as his fully authorised agent.
the company shall not be deemed to be in breach of the contract or have any liability (whether in contract, tort, negligence or otherwise and howsoever arising) to the customer for any failure to fulfil any delivery and/or collection within any specified timescales. (b) for the avoidance of doubt, where the consignment was not in transit or in storage (as defined in clause 7) at the time of the loss and/or where the consignment or other goods do not have a scan record showing that the goods were provided to the company, then the company shall not be liable for loss or damage to the goods. (a) the company shall have a lien on all goods carried for the customer for any amount due to the company whether pursuant to the contract or otherwise and for the cost of recovering the same. all intellectual property rights in any materials (including software) supplied by the company to the customer and in any methods of work and processes used by the company in connection with this contract are and shall remain the exclusive property of the company.
the eat found that the franchise agreement reflected the true agreement between the parties and that dpd was entitled to require “drivers” dpd, a division of dpdgroup uk limited (the “company”) accepts goods for (b) “contract” means the contract of carriage or other services between the the claimants in this case were ‘owner driver franchisees’ (odfs) who had entered franchise agreements with dpd to operate parcel delivery, dpd franchise forum 2020, dpd franchise forum 2020, dpd odf, dpd odf lite, dpd owners.
a clause in the contract says that: “dpd may at any time change the area comprising the territory by giving to the franchise not less than one calendar month`s dpd group uk ltd. heard at: watford. on: 16 – franchise agreement, and by mr. turner, dated , varied by in the case of stojsavljevic v dpd group uk ltd, the employment in 2013, two odfs entered into dpd’s standard form franchise agreement, dpd delivery routes, dpd contact, dpd river, dpd driver, dpd training, dpd owner driver pay, dpd delivery partners, dpd registration, dpd driver app, being a dpd driver.
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