Deliveroo has won a legal case regarding the employment status of its riders. The case found that the riders were ‘self employed’ and not, as was being argued, workers.

The case was brought to the Central Arbitration Committee (CAC) by the Independent Workers of Great Britain (IWGB) union. The case was relating to union recognition, but the status of riders had to be determined first before a claim for union recognition could continue.

The case hinged on the ability of riders to “substitute” their shifts to other workers, a right that Deliveroo maintained did not reflect traditional employment.

The CAC said “We find that the substitution right to be genuine, in the sense that Deliveroo have decided that riders have a right to substitute themselves both before and after they have accepted a particular job; and we have also heard evidence, that we accepted of it being operated in practice.”

This case compares with the recent Uber case where drivers were found to be workers. This case went to appeal (at the Court of Appeal) and Uber recently lost their appeal which means that drivers will be given worker status and access to some employment rights and workplace benefits (but please note this could be further appealed!).

These two cases show how there is a delicate balance with employment status and that decisions will turn on the facts of each case.

If you would like to discuss employment status, please call Practical HR on 01702 216573.

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