Jennifer Rocha, a 35-year-old woman, admitted to causing serious bodily harm after biting off a customer’s thumb in Aldershot, Hampshire, in December 2022. Rocha wasn’t officially employed by Deliveroo but was operating as a “substitute” rider using another person’s account.
The altercation unfolded when Rocha delivered a pizza to an incorrect location, just down the street from the customer’s home. Stephen Jenkinson, the customer, arrived to retrieve his order but forgot his phone, sparking a dispute over the delivery code. In the midst of the argument, Rocha bit off Jenkinson’s thumb with such force that he likened it to being severed by a chainsaw.
Jenkinson, a 36-year-old plumber, suffered permanent disability, rendering him unable to work. In the aftermath, he underwent an extensive 11-hour surgery, during which a portion of his big toe was transplanted onto the stump of his severed thumb.
The incident inflicted severe physical and psychological trauma on Jenkinson, plunging him into significant debt and forcing him to relearn basic tasks such as tying shoelaces and fastening buttons. Furthermore, the incident led to the breakdown of his relationship with the mother of his newborn daughter.
Rocha’s actions have prompted scrutiny of Deliveroo’s oversight of its delivery personnel. Although Deliveroo, like many food delivery platforms, doesn’t directly employ its drivers, they are considered independent contractors who can designate substitutes to fulfill orders. However, as Rocha was acting as a substitute for another driver, Deliveroo claims legal immunity from liability. Solicitors representing Jenkinson revealed that his insurance policy didn’t cover injuries resulting from criminal acts, leaving him without compensation from Deliveroo.
Deliveroo rider bites off Aldershot customer's thumb https://t.co/IgMh3snY9W
— BBC News (UK) (@BBCNews) March 19, 2024
The case has ignited discussions about the gig economy and the responsibility of companies in this sector to be held accountable for the actions of their profit-driving workforce. Jenkinson’s lawyer, Alex Barley of Slater Heelis, contends that companies should be obliged to conduct thorough background checks on all individuals working on their behalf, advocating for an end to the practice of substitution.
Rocha is set to be sentenced on May 3, 2024, at Winchester Crown Court, with the judge labeling the incident as a “serious offense” warranting potential imprisonment. Deliveroo has confirmed the immediate termination of the rider’s account and full cooperation with the police investigation.
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