Slater Heelis in the News: Deliveroo Rider Biting Incident Raises Questions Of Gig Economy

March 20, 2024, By

In December 2022, Jenniffer Rocha, who was working as a substitute rider using another person’s Deliveroo account, attacked a customer, Stephen Jenkinson, biting off his thumb during an argument over a pizza delivery.

Mr Jenkinson, a plumber, has been left unable to work, facing financial difficulties and a challenging recovery following reconstructive surgery. This incident has raised serious questions about the legal responsibilities of food delivery companies for the actions of their contractors…

Rocha has pleaded guilty to causing grievous bodily harm. However, as she was not an official employee of Deliveroo, but rather a substitute rider, and as a result the company has stated it cannot be held legally responsible for her actions. Like many food delivery apps, Deliveroo classifies its riders as independent contractors who can appoint “substitutes” to deliver on their behalf rather than employing them directly.

This incident displays the complex issue of liability in the gig economy. Should companies be held accountable for the actions of all individuals operating under their platform, even if they are not direct employees?

Alex Barley, one of our experts at Slater Heelis, who is representing Mr. Jenkinson, suggests that stricter regulations may be necessary:

“The practice of substitution should be examined, and it’s worth considering whether companies should be required to carry out necessary checks on all people working for them, including substitutes.”

The case also highlights potential gaps in insurance coverage in the gig economy model. According to Mr Jenkinson’s legal team, Rocha’s personal insurance policy does not cover injury caused by a criminal act, leaving him without financial recourse from either the individual rider or Deliveroo.

Food delivery companies have long argued that the independent contractor model provides flexibility for riders and keeps costs down for consumers. However, critics argue that it allows companies to avoid responsibilities and leaves workers without adequate protection.

As the gig economy continues to grow, powered by such organisations as Uber and Deliveroo, cases like this show the need for further discussion regarding similar companies’ obligations and the protections in place for both workers and consumers. Should an overhaul of regulations be considered to ensure all individuals working under a company’s banner are properly vetted, trained, and insured? It’s a complex issue that requires balancing the benefits of the gig model with the need for appropriate oversight and accountability.

At Slater Heelis, we continue to monitor this case and advocate for our client.  If you would like to learn more about this incident and the legal implications that come with it, our expert Alex Barley recently discussed the case on BBC Radio 5 Live, and Mr Jenkinson spoke on GMB.

Click here to listen to a clip of the interview:

Good Morning Britain:

This story has also been featured in the following publications:

BBC – https://www.bbc.co.uk/news/uk-68558464

LBC – https://www.lbc.co.uk/news/deliveroo-rider-bites-off-mans-thumb-in-argument-with-customer-over-pizza/

Daily Star – https://www.dailystar.co.uk/news/latest-news/deliveroo-rider-bit-customers-thumb-32393832

For any legal queries, feel free to contact our team at 0330 111 3131 or via our contact form.