Food delivery firm Deliveroo’s riders are not allowed to form a trade union for the purpose of collective bargaining, the UK Supreme Court has ruled.
The Supreme Court has unanimously dismissed an appeal, stating that Deliveroo riders cannot be classified as “workers” under UK labour laws, due to their “employment relationship”.
Judge Vivien Rose said therefore the riders cannot be represented by the Independent Workers Union of Great Britain (IWGB).
In its written ruling, the court pointed out that food delivery riders could appoint a substitute to undertake a delivery, can work for competitors, and do not have to work specific hours or carry out deliveries at all.
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It stated that these elements of Deliveroo’s relationship with its riders were “fundamentally inconsistent with any notion of an employment relationship” and they were instead considered as self-employed.
The IWGB was originally disallowed to represent a group of Deliveroo riders attempting to negotiate pay and conditions in 2017.
The original case – which saw the union be refused permission to advocate for the group on account of the riders not being classified as “workers” under UK labour laws – has since raised several appeals.
The IWGB said its latest unsuccessful appeal, initially lodged in April, was disappointing, and the union was “considering its options”.
“Whether reflected in legislation or not, couriers are joining the union in ever bigger numbers and building our collective power to take action and hold companies like Deliveroo to account,” said the union.
“Our strength lies not in court rulings but in our unity as a workforce coming together to demand change.”
In response to the court’s rulings, a Deliveroo spokesperson said: “UK courts repeatedly and at every level have confirmed that Deliveroo riders are self-employed, and this now includes the Supreme Court, the highest court in the country.”
“This is a positive judgment for Deliveroo riders, who value the flexibility that self-employed work offers.”
Last year, the delivery food service appear to support the UK’s gig economy by signing a “historic” recognition deal with leading trade union GMB.
