Case No: C1/2018/3104
Ruling on June 24, 2021
Authority: Court of Appeal (Civil Division)
Parties: The Independent Workers Union of Great Britain (IGWB) / The Central Arbitration Committee
Subject: The legality of collective bargaining on behalf of Deliveroo riders by the Independent Workers Union of Great Britain.
Summary of facts: Deliveroo is a digital platform which offers delivery services between restaurants and customers. The relationship between Deliveroo and its riders is governed by standard-form written ‘’Supplier Agreements’’, which are offered on a take-it-or-leave it basis without the opportunity for negotiation. The riders use an app which enables them to indicate when they are available to perform work. Based on their location the riders will be offered jobs through the app, which offers they can accept within three minutes. Furthermore, the riders are permitted to use substitutes without Deliveroo’s approval. The riders bear full responsibility for all acts and omissions of the substitute. In addition, riders must take care of their own insurance, they are not obliged to do any work for Deliveroo, they are free to work for any other party including competitors of Deliveroo and they are responsible for paying any tax and national insurance. The CAC decided that the riders are not workers within the meaning of section 296 (1).
Legal question: Can Deliveroo riders be qualified as workers?
Considerations: The court of appeal follows the decision of the CAC and decides that the Deliveroo riders do not qualify as workers. Key is the fact that the riders are under no obligation to provide their services personally. The riders have a virtually unlimited right of substitution.
Ruling: The claims on appeal are dismissed.