24th Jun 2021 15:30
(Alliance News) - Deliveroo PLC riders are not workers and therefore not entitled to collective bargaining rights, the UK Court of Appeal ruled on Thursday.
The Independent Workers Union of Great Britain wants to represent Deliveroo riders in north London in order to negotiate on issues of pay, hours and holiday with the company.
The union's application to be recognised for collective bargaining purposes was refused by a specialist tribunal in November 2017.
The Central Arbitration Committee rejected the union's application as riders were able to pass a job to a substitute, meaning they were not obliged to provide a "personal service" and could not be classified as "workers".
The IWGB challenged that decision at the High Court, which found that riders are not in an "employment relationship" with Deliveroo and were therefore not entitled to collective bargaining rights.
In February, the union took their case to the Court of Appeal, arguing that excluding Deliveroo riders from the right to collective bargaining was a breach of their human rights.
But on Thursday, the Court of Appeal unanimously dismissed the IWGB's appeal.
Giving the court's judgment, Lord Justice Underhill said that Deliveroo riders "are, genuinely, not under an obligation to provide their services personally and have a virtually unlimited right of substitution".
This meant that riders are not in an employment relationship with Deliveroo and so "do not fall within the scope of the trade union freedom right".
Shares in Deliveroo jumped by 8.5% to 272.92 pence on Thursday afternoon after the judgment as investors welcomed the decision.
In a statement after the ruling, a spokesman for Deliveroo said: "Today is good news for Deliveroo riders and marks an important milestone.
"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."
IWGB president Alex Marshall said: "Deliveroo couriers have been working on the front line of the pandemic and, whilst being applauded by the public and even declared heroes by their employer, they have been working under increasingly unfair and unsafe working conditions.
"The reward they have received for their Herculean effort? Deliveroo continuing to invest thousands of pounds in litigation to silence workers' voices and deny them the opportunity to negotiate better terms and conditions."
Marshall added: "It appears that when Deliveroo talk about flexibility and being your own boss, it is talking about the flexibility of choosing when to make poverty wages and work in unsafe conditions.
"We will now consider our legal position, but one thing is for sure: we will continue to grow in numbers and fight on the streets until Deliveroo give these key worker heroes the pay and conditions they more than deserve."
source: PA
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