24 March 2023

De Brauw assisted FNV, the largest Dutch trade union, in a case before the Supreme Court against online food delivery platform Deliveroo.

Stefan Sagel

De Brauw represented FNV, the largest Dutch trade union, before the Supreme Court. This pivotal litigation centered on the employment status of Deliveroo riders, marking a crucial juncture in addressing the dynamics of the gig economy within the Netherlands. Notably, this case stands as the first of its kind to reach the Supreme Court.

On March 24, 2023, the Supreme Court issued its ruling on the employment status of Deliveroo riders, affirming the earlier decision rendered by the Amsterdam Court of Appeal. The ruling solidifies the classification of Deliveroo riders as employees, despite the contractual designation of their work as agreements for services. As a result, Deliveroo riders are entitled to assert employee benefits retroactively.

This significant outcome underscores the evolving legal landscape surrounding gig economy workers and underscores the importance of establishing clear delineations of employment status.