UK Appeals Court Declares That Deliveroo Riders Are Not Workers

• Published date: 05 August 2021
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Employee Benefits & Compensation, Employee Rights/ Labour Relations, Arbitration & Dispute Resolution, Trials & Appeals & Compensation
• Law Firm: Webber Wentzel
• Author: Ms Kirsten Eiser, Shane Johnson and Keah Challenor

The UK Court of Appeal judgment that Deliveroo riders are not workers appears to contradict a UK Supreme Court judgment that Uber drivers are workers, but Deliveroo riders do not have to make deliveries personally

In a new judgment¹, the UK's Court of Appeal has ruled that Deliveroo riders in the UK are not workers. In our previous article, we dealt with the UK's Supreme Court judgment² which ruled that Uber drivers are workers, thereby entitling them to minimum wages, holiday pay and access to a pension scheme. Deliveroo functions in the same way as Uber Eats: customers place food orders online, which are then delivered to them by Deliveroo riders using motorcycles or bicycles. While Deliveroo does not currently operate in South Africa, it operates in twelve other countries (including the UK, Australia and Spain). Deliveroo has more than 100 000 riders registered on its platform.

The Independent Workers Union of Great Britain applied to court to be recognised by Deliveroo for the purpose of collective bargaining on behalf of Deliveroo riders. Two lower courts found that because the riders did not meet the definition of 'worker' in British labour legislation, they did not enjoy the right to form and join trade unions. The UK's Court of Appeal ultimately agreed with the lower courts and confirmed that the riders were not workers. Personal performance of services is required for a person to satisfy the definition of 'worker' under British labour legislation. Deliveroo riders were found not to be workers because the contract between Deliveroo and riders does not require riders to make deliveries personally. Riders are free to allow a substitute rider to make a delivery using the first rider's profile.

The result of this judgment is that Deliveroo riders do not hold the right to form and join a trade union to protect their interests as riders. However, the judgment states that the riders were not prevented from organising through some means other than a trade union and were entitled to the more general right of freedom of association.

Because the Uber judgment was handed down by a...