deliveroo defeats another workers’ rights challenge in uk courts

Deliveroo Secures Another Legal Victory in U.K.

Deliveroo has once again prevailed in U.K. court proceedings, successfully defending against an appeal brought forth by the IWGB union. The union has consistently attempted to challenge the gig platform’s classification of its couriers, but has repeatedly failed to achieve a reversal of the company’s position.

Fourth U.K. Court Ruling Supports Deliveroo

This recent appeals court decision marks the fourth judgment within the U.K. legal system that affirms Deliveroo’s stance regarding the self-employed status of its riders. Prior rulings were issued by the Central Arbitration Committee and two separate judgments at the High Court.

Distinction from Uber’s Case

Deliveroo’s operational model differs significantly from that of ride-hailing leader Uber. Unlike Uber, which has been compelled by U.K. courts to recognize its drivers as workers rather than independent contractors, Deliveroo has maintained its legal ground.

Flexibility as a Key Factor

A crucial aspect of the legal interpretation centers on the degree of flexibility offered to platform workers. Deliveroo, for instance, permits riders to utilize substitutes to cover shifts, with minimal restrictions on this practice. This level of flexibility is often a determining factor in employment law cases.

IWGB’s Persistent Legal Challenges

Despite a series of unsuccessful legal battles against Deliveroo, the IWGB has continued its pursuit of riders’ rights. Their most recent efforts focused on collective bargaining, arguing that riders possess a legal entitlement to establish or join a union, based on the principles of the European Convention on Human Rights.

However, this argument has also been unsuccessful in challenging Deliveroo’s position.

Appeal Dismissed Regarding Trade Union Freedom

The U.K. Court of Appeal today dismissed the IWGB’s latest appeal. The court ruled that Deliveroo riders do not fall within the scope of the trade union freedom right as outlined in the European Convention on Human Rights.

Freedom of Association Acknowledged

The Court did acknowledge that riders are covered by “the more general right of freedom of association under article 11 [of the ECoHR].”

Nuance in Gig Economy Legal Cases

The judges emphasized that outcomes in other gig economy legal challenges may vary, stating that: “It may be thought that those in the gig economy have a particular need of the right to organise as a trade union. So I quite accept that there may be other cases where, on different facts and with a broader range of available arguments, a different result may eventuate.”

IWGB President’s Response

Alex Marshall, president of the IWGB, highlighted the Court’s acknowledgement of the right to freedom of association, commenting in a statement:

Criticism of Deliveroo’s Practices

Marshall further criticized Deliveroo’s approach to its riders, asserting that the company has attempted to “silence” their voices and impede their ability to negotiate improved working conditions.

Deliveroo Welcomes the Ruling

In a statement responding to the appeal court’s decision, Deliveroo presented a contrasting view, stating: