Deliveroo riders suffer setback in court battle for right to unionise

Court of appeal endorses previous verdicts that they should be deemed self-employed

Last modified on Thu 24 Jun 2021 09.57 EDT

Attempts by some Deliveroo riders to secure legal status as employees has suffered a setback after the court of appeal upheld previous verdicts that found the food delivery couriers were self-employed.

The Independent Workers’ Union of Great Britain (IWGB) has been fighting through the courts since 2017 to have Deliveroo riders classified as “workers”, with the right to unionise and bargain collectively for better terms and conditions.

The court of appeal endorsed previous verdicts determining that Deliveroo riders should be deemed self-employed, without the right to organise via a trade union.

The ruling hinged on riders’ right to arrange a substitute to perform their duties if they did not want to or were unable to.

Lord Justice Underhill, one of the three judges who heard the appeal, conceded that the verdict might be seen as “counterintuitive”, in that gig economy workers may have particular need of unionising for better pay and conditions.

But he said that while they had the right to organise, they did not have the right to do so via a trade union.

He said this was because they do not fall under the definition of employees under article 11 of the European convention on human rights (ECHR), which governs rules on freedom of assembly, including unionisation.

A supreme court ruling in February, which found Uber drivers should have workers’ rights, had no bearing on Deliveroo riders’ application, the judge said, because that case did not hinge on the interpretation of article 11.

The three judges in the Deliveroo case, who dismissed the IWGB’s appeal unanimously, refused the union the right to appeal to the supreme court.

“Today is good news for Deliveroo riders and marks an important milestone,” said a spokesperson for the company, whose stock market float earlier this year was widely seen as a flop, partly due to investor concerns over riders’ employment status. Deliveroo shares rose nearly 7% on Thursday.

“UK courts have now tested and upheld the self-employed status of Deliveroo riders four times.

“Our message to riders is clear. We will continue to back your right to work the way you want and we will continue to listen to you and respond to the things that matter to you most.

“Deliveroo’s model offers the genuine flexibility that is only compatible with self-employment, providing riders with the work they tell us they value. Those campaigning to remove riders’ flexibility do not speak for the vast majority of riders and seek to impose a way of working that riders do not want. Deliveroo will continue to campaign for companies like ours to be able to offer the full flexibility of self-employment along with greater benefits and more security.”

The Guardian has approached the IWGB for comment.

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