Uber ruling confirms and sharpens Deliveroo: entrepreneurship under the spotlight

On 21 February 2025, the Dutch Supreme Court issued the so-called Uber ruling. This not only confirms the Deliveroo judgment from 2023, but also takes it a step further—especially on one key point: entrepreneurship.

So what exactly has changed, and what does it mean in practice?

From Deliveroo to Uber: where were we?

In the Deliveroo case, the Supreme Court already stated that assessing an employment relationship requires looking at all the facts and circumstances. That includes more than just the written contract. Think:

• Authority and instructions

• Pay and risk

• Integration into the organisation

• And: how someone behaves economically (entrepreneurship)

That last element was introduced as a factor in Deliveroo, but it remained somewhat vague. The Uber ruling now brings clarity.

What does the Uber ruling add?

The Court makes two major clarifications:

1. Entrepreneurship gets real substance
Entrepreneurial behaviour is now something that can be clearly assessed—both within and beyond the assignment. For example:

• Does the person have multiple clients?

• Do they actively acquire new work?

• Are they building a reputation?

Entrepreneurship is not a checklist. It’s part of the bigger picture—and that picture needs to make sense.

2. Group-based assessments under the AVV Act
Courts can now, in some cases, assess an entire group of workers at once. This means trade unions don’t always have to file collective claims. As long as the group performs similar work, the court can provide clarity in one go.

What does this mean in practice?

For employers
You can no longer rely on the ‘freelancer’ label if the actual entrepreneurial behaviour doesn’t stack up.

For workers
More chances of legal protection—even without filing an individual case.

For legal and HR professionals
The assessment framework is richer, but also more concrete. It still requires case-by-case evaluation, but the direction is much clearer.

In short

No revolution, but a meaningful step forward. The Supreme Court has made it clear: what matters is how things work in practice, not how they’re described on paper. Especially in cases of false self-employment, this clarity is essential.

Want to explore what this means for your organisation?
We’re happy to help you think it through. Contact Mirte Janssens.