The union for independent workers wants to overturn self-employed status of drivers

This article is more than 2 years old

This article is more than 2 years old

A union has been given the go-ahead for a high court challenge over the employment rights of Deliveroo riders in another step forward for gig economy workers .

The Independent Workers Union of Great Britain (IWGB) wants the court to overturn a ruling that confirmed the self-employed status of those working for the delivery firm.

Mrs Justice Simler gave the union permission for a full judicial review of the ruling, given by the Central Arbitration Committee in November last year.

The CAC, which considers union recognition and collective bargaining cases, rejected an application by the IWGB to represent drivers in parts of north London.

The committee concluded that because riders were able to pass on a job to a substitute or abandon a job, they were not obliged to provide a “personal service” and therefore could not be classified as workers with the right to collective bargaining.

The union said that, as independent contractors, the riders were denied basic employment rights including a guaranteed minimum wage and holiday pay.





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Simler rejected a number of the union’s arguments related to employment status in its application to review of the CAC decision, but said it was arguable the CAC should have considered the right of the Deliveroo riders to bargain collectively – as enshrined in Article 11 of the European convention on human rights.

The union, which has raised £23,000 so far in crowdfunding for the legal costs of the case, is expected to launch the judicial review by the end of this year.

Jason Moyer-Lee, general secretary of the IWGB, said: “This is no longer just an employment rights issues, this is a human rights matter. It is now time to proceed with our high court challenge and wipe that smug smirk off Deliveroo’s face.”



Rebecca Long-Bailey MP, Labour’s shadow business, energy and industrial strategy secretary, said the ruling was “an important and positive step towards victory for workers and trade unions across the UK”.

“Companies like Deliveroo and others have built their success on an exploitative business model, denying worker’s their rights and swerving their obligations under the law,” she said.

“The next Labour government will clamp down on bogus self-employment and strengthen employment rights for all workers.”

Deliveroo also claimed victory saying that the court had upheld the CAC’s ruling that its couriers were self-employed.

“The court has allowed a limited challenge on human rights grounds. 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,” the company said.



