In the last 20 years the way we get our takeaways has changed beyond all recognition. Go into any city or town centre and you’ll see many different delivery companies, using cycles or motorbikes to get your pizza or burgers to you as quickly as possible. There has been growing concern though over the rules around employing riders to deliver food, and ongoing arguments over whether they are employed, or self-employed. In the most recent development, food delivery companies, including Uber Eats, Deliveroo, and Just Eat, have been strongly urged by the government to implement checks on all delivery drivers to safeguard the public and curb illegal working.
All workers in the UK, whether employed by a company or self-employed, must demonstrate they have the right to work. This is a type of identity check which involves looking at a worker’s passport to verify that they are in the UK legally, and that they are allowed to take paid employment under the terms of their visa.
New Rules Coming for Delivery Apps?
The main concern about delivery apps is that drivers are commonly sharing their accounts with the delivery services. Immigration Minister Robert Jenrick has called for an end to this practice of unchecked account sharing, known as substitutions, where food delivery companies allow account holders nominate someone else to work in their place if they cannot manage a shift. Until now, there has been no legal requirement for either the delivery company or the original rider to check the immigration status of the substitute. This loophole, according to the government, has led to a rapid rise in illegal working in many British cities.
Public Safety Concerns
Minister Jenrick, in letters to each online food delivery platform ahead of a meeting with them all, emphasised the need for stricter controls in the food delivery market. He argued that the current model which allows workers to substitute themselves for a friend or family member facilitates illegal working, exploitation, and jeopardises public safety as customers simply do not know who is arriving at their door with their takeaway food.
The government is urging companies to implement more rigorous vetting measures to ensure that individuals who substitute for another rider are legally allowed to work in the UK and have a clean criminal record. It should also be made clear that it is the employer who stands to be fined if an illegal worker is found to be delivering food, whether they are the employee, or someone standing in as a substitute.
Ongoing Police Action
Immigration Enforcement teams have already increased efforts to combat illegal working in the food delivery sector, conducting over 250 enforcement visits and making over 380 arrests involving food delivery drivers in 2023. The Home Office has already been working with the major food delivery companies such as Uber Eats, Deliveroo, and Just Eat, and these discussions resulted in an agreement in August to tighten up their recruitment processes and raise awareness of illegal working.
