Union defeats Deliveroo in latest round of gig economy rights case

Case is about fundamental human rights, says union's general secretary

In November, the body that deals with union recognition and collective bargaining cases rejected the IWGB’s application to represent riders (PA)

A union has won the latest stage of a high court battle with Deliveroo over the employment status of the company’s riders.

Mrs Justice Simler gave the Independent Workers’ Union of Great Britain (IWGB) permission for a judicial review of a decision that confirmed a group of Deliveroo riders were self-employed, as the company had said.

In November, the body that deals with union recognition and collective bargaining cases rejected the IWGB’s application to represent riders.

The Central Arbitration Committee ruled that Deliveroo riders were self-employed and therefore did not have a right to collective bargaining with the company.

In Wednesday’s decision the High Court granted permission on the basis that Article 11 of the European Convention on Human Rights -the right to freedom of assembly and association - should apply to Deliveroo riders.

Dr Jason Moyer-Lee, general secretary of IWGB, said the case was not just about an employment issue but a “matter of fundamental human rights”.

He added: “Deliveroo should take a serious look at itself and ask itself whether it really wants to save a bit of money at the expense of the Human Rights of the individuals who make their business a success.”

However, the takeaway delivery company also hailed the court’s decision as a victory. “Today’s decision has clearly upheld the central finding of the CAC, which is that Deliveroo riders are self-employed,” a spokesperson said, adding that the court had allowed the challenge on “limited” human rights grounds.

The spokesperson added: “Deliveroo has long argued that the self-employed should have access to greater protections, and we welcome any debate on how that can best be achieved.”

Simon McVicker, director of policy at the Association of Independent Professionals, said: “The fact that this decision comes only months after the Central Arbitration Committee (CAC) ruled in favour of Deliveroo emphasises the uncertainty and makes the need for a statutory definition of self-employment crystal clear.

“It is unacceptable that policymakers are relying on costly, time-consuming court cases as the first port of call in determining employment status. IPSE has long asserted that there is a fundamental lack of clarity about what does and doesn’t constitute self-employment. This confusion hurts both the self-employed and those looking to engage them.”