Description
The Independent Workers' Union of Great Britain (IWGB) applied to the Central Arbitration Committee (CAC) for recognition as the collective bargaining representative for Deliveroo drivers in the Camden Zone, London, regarding pay, hours, and holidays.
For the application to succeed, the CAC first had to determine if the Deliveroo riders were "workers" under Section 296 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).
Deliveroo opposed the application, arguing that its drivers were not workers under the legal definition, but self-employed contractors ("suppliers"), and thus, the union's application for recognition was not applicable.
The hearing was held in London over four days on 23, 24 and 25 May and 26 June 2017. Deliveroo was represented by the UK and Ireland Operations Director, by four Deliveroo riders and by one User Research Team member. The Union was represented by Mags Dewhurs (Union member and Chair of the couriers and logistics branch) and a Deliveroo Rider and IWGB member.
The CAC decided that Riders are not workers within the statutory definition of either s.296 TULR(C)A or s230(3)(b) Employment Rights Act 1996. For this reason, the Union's claim for recognition and for the right to negotiate with Deliveroo on pay, hours, and holidays, was denied.
The court ruled against the union's application for recognition for the following reasons:
- Substitution Rights: The CAC found the right of substitution genuine, meaning drivers were not required to perform work personally.
- Worker Status: Without a personal service obligation, drivers could not be classified as "workers" under the law.
- Union Support: While there was significant support for union recognition, the substitution clause was decisive.
Independent Workers' Union of Great Britain (IWGB) v. RooFoods Ltd. T/A Deliveroo - TUR1/985(2016)
- Keywords
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representation, industrial relations, social dialogue
- Actors
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Other,
Employee organisation,
Court
- Sector
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Transportation and storage
- Platforms
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Deliveroo