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22 November 2023
Issue: 8050 / Categories: Legal News , Employment
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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
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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