An Italian lesson for Deliveroo: Computer programmes do not always think of everything!

In this blog we examine a very recent Italian decision from the Bologna Labour Court – Filcam VGIL Bologna and others v Deliveroo Italia SRL – which held that Deliveroo’s algorithm – called “Frank” – which determined its workers priority to access delivery time slots was discriminatory. Whilst we understand that the algorithm at the heart of that case is now defunct, there is an important lesson to be learnt from the decision. Specifically, this Deliveroo case demonstrates conclusively how unthinking reliance on algorithms simply because they are perceived to be “useful” can lead to unintended discrimination – with the result that a business ends up in court.