header-logo header-logo

22 November 2023
Issue: 8050 / Categories: Legal News , Employment
printer mail-detail

Deliveroo riders held ‘self-employed’

Deliveroo riders cannot be classed as workers, the Supreme Court has held unanimously in a landmark judgment

Independent Workers Union of Great Britain v Central Arbitration Committee and another [2023] UKSC 43 concerned a seven-year campaign by Deliveroo riders for collective bargaining rights.

In 2016, the Independent Workers Union, an independent trade union, submitted an application to the Central Arbitration Committee that the union be recognised by Deliveroo for collective bargaining in respect of riders in Camden and Kentish Town.

The application was refused on the basis the riders were not ‘workers’ as defined by the Trade Union and Labour Relations (Consolidation) Act 1992 since Deliveroo did not require them to provide delivery services personally—instead they could engage a substitute courier to deliver the item on their behalf. The union sought judicial review of the decision but was unsuccessful at both the High Court and Court of Appeal.

Delivering their judgment, Lord Lloyd-Jones and Lady Rose said it was ‘particularly significant’ that, as the Central Arbitration Committee found, ‘there was no policing by Deliveroo of a rider’s use of a substitute and riders would not be criticised or sanctioned for using a substitute.

‘It found that Deliveroo did not object to the practice of substitution by a rider for profit or to riders working simultaneously for competitors of Deliveroo… Riders are thus free to reject offers of work, to make themselves unavailable and to undertake work for competitors… these features are fundamentally inconsistent with any notion of an employment relationship'.

Employment lawyer Rob Smedley, director, Freeths, said: ‘The Supreme Court has held firm on the current approach to worker status and the need for personal service as the key ingredient.

‘A right of substitution alongside evidence of it actually happening in practice remains the main obstacle to those trying to secure additional rights.’

Issue: 8050 / Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll