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UK Supreme Court rules Deliveroo drivers not classed as employees
https://www.whatjobs.com/news/united-kingdom/uk-employment-news/uk-supreme-court-rules-deliveroo-drivers-not-classed-as-employees
By Nithya Bose in Employment News, posted November 22, 2023
Deliveroo delivery riders are not classified as employees, the UK Supreme Court has ruled.
The court cited the absence of fixed working hours, the ability to work for competitors, and the option to designate substitutes for them as factors leading to the verdict.
The Independent Workers Union of Great Britain (IWGB) brought the case forward, seeking collective bargaining rights for Deliveroo riders.
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The riders were denied negotiations on pay and conditions in 2017, as they didn’t meet the UK legal definition of a worker.
"This is a positive judgment for Deliveroo riders"
This Supreme Court decision means riders are ineligible for union membership and contrasts with the precedent set in the Uber case.
Uber drivers were acknowledged as workers with entitlements to fundamental employment protections.
Despite the IWGB's assertion Deliveroo violated riders' human rights, the court's decision denies them the status of workers or employees.
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The ruling precludes them from access to certain legal rights.
It signifies a departure from the Uber decision, where the court emphasised drivers' subordination and dependency on the platform.
The IWGB expressed disappointment over the ruling and said it was considering potential courses of action.
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A statement said: "Whether reflected in legislation or not, couriers are joining the union in ever bigger numbers and building our collective power to take action and hold companies like Deliveroo to account.
"Our strength lies not in court rulings but in our unity as a workforce coming together to demand change."
A Deliveroo spokesperson said: "UK courts repeatedly and at every level have confirmed that Deliveroo riders are self-employed, and this now includes the Supreme Court, the highest court in the country.
"This is a positive judgment for Deliveroo riders, who value the flexibility that self-employed work offers."
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