The District Court has adjourned its decision on Deliveroo Hong Kong Limited’s application to strike out an injured rider’s employee-compensation claim.
The rider’s application says he was injured while delivering food in December 2022 and suffered serious, lasting effects, including damage to the right side of his brain. It says he spent more than five months in hospital, has been unable to work and continues to receive full-time care from his wife. He filed for compensation in 2024, asking the court to assess the amount.
Deliveroo argues that the court should focus on the Supply Agreement between the company and the rider. Its submissions say riders could choose when to log in and whether to accept orders, while the company did not set their hours or delivery areas or control how they made deliveries.
The rider’s side says the contract is not the whole picture: the court should also consider how the work operated in practice, including alleged monitoring and restrictions. Deliveroo says GPS helped customers follow deliveries and that bonuses encouraged riders to accept orders rather than pressuring them.
The judge questioned whether evidence about the rider’s actual work, monitoring and order incentives should be tested at trial. She said the rider needed to show an arguable case at this stage, while Deliveroo had to establish that the application should be struck out. She also said whether he had another full-time job would not settle the employment question if the legal definition of employment was met.
The parties were asked to submit relevant cases within seven days. The judge was to deliver her decision within six months.