Mr Kevin Bijou v DHL Parcel UK Ltd — 2022

Mr Kevin Bijou brought race discrimination proceedings against DHL Parcel UK Ltd arising from work at the East Midlands Area Distribution Centre. The tribunal determined jurisdiction as a preliminary issue under section 41 of the Equality Act 2010 and found that it did not have jurisdiction to hear the claims.

The tribunal found that from 17 January 2017 the relevant contract was between DHL and Knight Rider Express Couriers Limited, a company of which Mr Bijou was the sole director and shareholder. Knight Rider engaged its own drivers, used its own vehicles, bore its own operating costs, and paid its personnel itself. Mr Bijou signed the contract on behalf of Knight Rider and the tribunal found that he operated the business as an entrepreneur rather than under a contract requiring personal service to DHL.

The tribunal accepted that Mr Bijou sometimes drove routes himself, but found that the reality of the arrangement did not require him to personally perform the work. It concluded that the contractual obligations rested on Knight Rider, that DHL was a customer of that business, and that the operational arrangements, including route allocation, substitution, uniform and vehicle livery requirements, did not amount to the degree of personal employment or worker status needed for Equality Act protection. The race discrimination claims were therefore dismissed and no remedy was awarded.