Description
The Independent Workers Union of Great Britain (the Union) sought recognition for collective bargaining on behalf of Deliveroo riders, claiming they were "workers" under UK law. The Central Arbitration Committee (CAC) rejected this, stating riders were not "workers" due to their right to substitute and lack of obligation to personally perform services. The Union appealed, asserting rights under Article 11 of the European Convention on Human Rights (ECHR).
The Union argued riders performed services for Deliveroo under Deliveroo's direction, suggesting an employment relationship. However, the CAC found the substitution right genuine and unrestricted, negating this claim.
On 21 November 2023, the UK Supreme court Truled against the Union, upholding lower courts' decisions that Deliveroo riders are self-employed and not entitled to collective bargaining rights under Article 11 ECHR.
Motivation for Ruling in Favour of Self-Employment:
- Substitute clause: Riders have a genuine, unrestricted substitution right. The substitution clause means that a rider can let other persons deliver orders through their Deliveroo account on their behalf. Moreover, other aspects which played into the decision of the court include that riders have the possibility to work for multiple platforms at once. The substitute clause also gives rise to illegal work, as only those riders who have an account need to pass background checks, while for substitutes, there is no need to be of a certain age or to have the legal right to work.
- Riders are not obligated to perform services personally.
- Riders choose when, where, and whether to work.
- Absence of Employment Indicators: No fixed hours, no periodic payments, and riders provide their own tools and equipment.
- No Obligation to Accept Work: Riders can reject offers without penalty.
- No Control Over Working Conditions: Riders decide how to perform tasks and routes.
This court ruling differs from similar cases seen across Europe, in which courts have found that Deliveroo riders are employees, for instance in the case of the Dutch Supreme Court.
- Keywords
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income,
employment status,
collective bargaining
- Actors
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Platform,
Court
- Sector
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Transportation and storage
- Platforms
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Deliveroo
Sources
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In February 2021, the Amsterdam Court of Appeal ruled that Deliveroo workers are employees and that they are therefore entitled to paid holiday leave and pension as well as hourly …
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On 24 March 2023, in a landmark ruling, the Dutch Supreme Court upheld a ruling by the Court of Appeal that Deliveroo riders were legally employees, not independent contractors. The …
Non-EU
