Deliveroo riders in the UK have been dealt a blow as the country’s top court has ruled that they do not have the right to collective negotiations on pay and conditions. This decision has come as a setback to gig economy campaigners and the unions that represent them, particularly the Independent Workers’ Union of Great Britain (IWGB), which has been fighting for Deliveroo riders to be classified as “workers” since 2017.
The supreme court upheld previous judgments that the thousands of UK riders were independent self-employed contractors, rather than workers. This classification means that they do not have the right to unionize and bargain collectively for better terms and conditions. The court pointed to the riders’ ability to arrange a substitute to perform their duties if they did not want to or were unable to as a key factor in their decision.
The IWGB has expressed disappointment at the ruling and is considering its options to challenge it under international law. The union believes that riders should have basic employment rights, such as the right to collective bargaining, and will continue to advocate for these rights through all available avenues.
Deliveroo, on the other hand, sees the outcome as a positive judgment for its riders, who value the flexibility that self-employed work offers. The company highlighted a deal with the GMB union, which provides riders with free insurance, sickness cover, and union recognition without classifying them as workers or employees.
Yvonne Gallagher, a partner at the law firm Harbottle & Lewis, emphasized the significance of the ruling for the gig economy as a whole. She noted that the use of substitution clauses, like the one in Deliveroo’s case, could prevent gig workers from receiving basic employment rights such as the minimum wage and holiday pay.
If the IWGB decides to challenge the supreme court ruling in international courts, it would need to make a claim in the European court of human rights against the UK government. While such claims can succeed in prompting governments to change laws, widening the definition of those who qualify for employment rights may prove to be a challenging task.
Overall, the ruling on Deliveroo riders’ employment status has far-reaching implications for the gig economy in the UK. It underscores the ongoing debate around the rights and protections afforded to gig workers and the balance between flexibility and fair treatment in the workplace.
