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DELIVEROO riders do not have the right to collective bargaining, the High Court ruled today in the latest case involving precarious employment.
The Independent Workers Union of Great Britain (IWGB) attempted to overturn a ruling that found riders are not entitled to collective bargaining rights because they are “self-employed.”
Mr Justice Supperstone dismissed the union's claim that the decision of the Central Arbitration Committee (CAC) amounted to a breach of riders’ human rights.
The judge said he was “not persuaded” that the right to collective bargaining extended “beyond an employment relationship.”
He ruled that as Deliveroo riders were not “in an ‘employment relationship’ with Deliveroo,” the right to bargain collectively was “not engaged in this case.”
Mr Supperstone said the IWGB’s application for permission to appeal against his decision had been refused.
The IWGB wants to represent Deliveroo riders in north London in order to negotiate on issues of pay, hours and holiday with the company.
But the CAC rejected the union’s application as riders were able to pass a job to a substitute, meaning they were not obliged to provide a “personal service” and could not be classified as “workers.”
IWGB general secretary Jason Moyer-Lee said: “Today’s judgment is a terrible one, not just in terms of what it means for low-paid Deliveroo riders, but also in terms of understanding the European Convention on Human Rights.
“Deliveroo riders should be entitled to basic worker rights as well as to the ability to be represented by trade unions to negotiate pay and terms and conditions.
“The IWGB will appeal this decision and continue to fight for these rights until we are victorious.”
Shadow business secretary Rebecca Long Bailey added: “This is disappointing news not just for Deliveroo drivers but for workers right across the gig economy who are denied their full legal rights.
“Labour will give all workers equal rights from day one, including sick pay, paid holiday and protection from unfair dismissal.
“We will also introduce new laws that will enable the roll out of sectoral collective bargaining.”
Deliveroo called the decision a “victory for riders” who have “consistently told us” that they like the flexibility of choosing when and where they work.
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