COURIERS staked their claim to the “legal and moral right to collective bargaining” today as their case against Deliveroo reached the Court of Appeal.

The Independent Workers’ Union of Great Britain (IWGB) is appealing against the Central Arbitration Committee decision, upheld by the High Court in 2018, that Deliveroo riders cannot bargain collectively because they are classed as self-employed “independent suppliers.”

The High Court ruled that Article 11 of the European Convention on Human Rights (ECHR), which protects the right to form and join trade unions, does not apply to riders for the online food delivery firm.

During the two-day hearing, Lord Hendy QC, for the union, is arguing that Article 11 should extend to a significantly wider category of worker, including Deliveroo riders, than previous decisions asserted.

The appeal is set to have a delayed verdict.

The IWGB said that despite being classed as key workers, compelled to work throughout the Covid-19 pandemic, couriers are still being refused an opportunity to co-operate in their fight for better working conditions.

Deliveroo rider and IWGB couriers and logistics branch chairman Greg Howard said: “Despite a slick PR campaign claiming to support riders and endless spin for MPs about how happy we are with the current model, Deliveroo has racked up huge costs on this case to silence us.

“The IWGB believes we have a legal and moral right to collective bargaining and that after working throughout this crisis, we deserve more from Deliveroo.”

The union’s concerns include precarious working conditions, low pay, Covid-19 health and safety and unfair dismissals.

IWGB York chairman Cristian Santabarbara said: “The pandemic has proven how little Deliveroo really cares about us.

“It’s cowardly to treat front-line workers as disposable, especially after we’ve kept people fed in these unprecedented times.”

Deliveroo scooter rider Ian Morrison said he joined the union to make things “better and safer for every rider.”

“Collective bargaining rights would make sure all our ideas about how to do that are heard,” he added.

Deliveroo said it “offers riders flexible work because this is what riders tell us they want.”

“Courts in the UK have three times found Deliveroo riders to be self-employed, which gives riders the very flexibility they value,” its statement said.

“We will continue to defend riders’ ability to choose when and where to work and to be their own bosses, which is something the IWGB want to remove.”