The UK Supreme Court has ruled that riders working for food delivery giant Deliveroo are not legally considered employees and therefore cannot rely on trade union protections. This decision came after an appeal by the Independent Workers Union of Great Britain (IWGB), which had sought collective bargaining rights on behalf of the riders.
The court held that the riders did not meet the criteria of an ‘employment relationship’ under Article 11 of the European Convention on Human Rights. The judges emphasised particular aspects of the riders’ working conditions, such as their ability to appoint substitutes for their shifts, the absence of specific working hours, and the freedom to work for competing companies. These factors were deemed inconsistent with an employment relationship.
Importantly, the ruling clarifies that while the riders are not entitled to trade union protection from the perspective of collective bargaining, there is nothing preventing them from forming or joining a union. Additionally, the court noted that Deliveroo is not prohibited from engaging in collective bargaining with a union, demonstrating the importance of voluntary cooperation between the company and its riders.
The IWGB expressed disappointment with the court’s decision, as they had hoped to secure important employment rights for the riders. They argued that flexibility should not come at the expense of fair pay and the ability to engage in collective bargaining.
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