The gig economy has been a hot topic in recent years, with many workers finding themselves in a precarious position when it comes to their employment rights. In late November 2023, the UK Supreme Court made a significant ruling in a case involving Deliveroo riders, determining that they are independent self-employed contractors rather than workers. This decision has far-reaching implications for gig economy workers and their ability to access collective bargaining rights under trade union law.
The crux of the Supreme Court’s judgment was that Deliveroo riders are not obligated to be available at any time or to accept jobs, and they have the freedom to arrange substitute riders for deliveries. This lack of control and obligation in the relationship between Deliveroo and its riders led the court to conclude that there is no employment relationship. A Deliveroo spokesperson hailed the decision as a positive one for riders, emphasizing the flexibility that self-employment offers.
However, the Independent Workers’ Union of Great Britain, which brought the case, expressed disappointment with the ruling. They argued that thousands of riders should not be working without key protections like the right to collective bargaining. The union vowed to continue fighting for the rights of gig economy workers through all available avenues, including international law.
The case also raises important questions about whether gig economy workers enjoy the right of freedom of assembly under Article 11 of the European Convention on Human Rights. The limitation of this right to employees only has been a point of contention, with some experts suggesting that the issue remains unresolved under public international law. As the gig economy continues to grow and evolve, employment lawyers anticipate more challenges to the rights and protections of gig workers.
The Deliveroo case stands in stark contrast to a previous ruling involving Uber drivers, where the Supreme Court held that they should be classified as workers and entitled to enhanced employment rights. The key difference between the two cases lies in the level of control and obligation imposed on the workers by the companies. While the Uber drivers were found to be under significant control, the Deliveroo riders enjoyed more freedom in their working arrangements.
In the wider European context, the UK government has not introduced specific laws covering gig economy workers, opting instead to provide guidance within the existing legal framework. This approach is seen as striking a balance between flexibility for employers and core protections for workers. In contrast, other European countries have more robust protections for employees, such as extended sick pay and clearer distinctions between employees and the self-employed.
The EU recently reached a political agreement on the Platform Workers’ Directive, aimed at improving working conditions for gig economy workers. This directive includes new rights related to algorithmic management and criteria for determining employer status. Meanwhile, the UK is looking to implement parts of the Transparent and Predictable Working Conditions Directive, which will give workers the right to a statement of terms and request a more predictable working pattern.
Overall, the Deliveroo case highlights the complex and evolving nature of employment rights in the gig economy. As technology continues to reshape the way we work, it is crucial for policymakers, employers, and workers to navigate these challenges and ensure fair and equitable treatment for all.
