Deliveroo: Supreme Court on Worker Status and Article 11
Dec 12, 2023
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Daniel Stilitz KC, a leading legal expert, delves into pivotal Supreme Court rulings on worker status affecting Deliveroo and other gig economy players. He explores the complexities of classifying employees versus 'LIMB' workers, shedding light on the implications for trade unions. The discussion also tackles the significance of Article 11 in relation to collective bargaining rights and the ongoing challenges faced by unions in the UK. With insights into flexibility in delivery work and historical legal frameworks, this conversation highlights the evolving landscape of worker rights.
The Supreme Court's ruling highlighted that Deliveroo riders are not classified as workers, limiting their collective bargaining rights.
Article 11 encompasses collective bargaining rights but does not impose a legal obligation to compel such agreements in the UK.
Deep dives
Supreme Court Judgment and Its Implications
The Supreme Court recently addressed the status of Deliveroo riders concerning collective bargaining rights, a topic that has evolved since a 2017 application by the Independent Workers Union of Great Britain. The court ruled that Deliveroo riders did not qualify as workers due to their right of substitution, meaning they had the ability to assign their work to others. This finding effectively barred the riders from recognition for collective bargaining under existing legislation, marking a significant limitation for gig economy workers. The case not only highlighted the complexities surrounding worker classification in the gig economy but also showcased the court's stance on balancing worker rights with employer flexibility.
Article 11: The Right to Collective Bargaining
The podcast delved into the nuances of Article 11 of the European Convention on Human Rights, which pertains to the right of freedom of association and inclusion of collective bargaining rights. Historically, trade unions have attempted to utilize Article 11 to challenge restrictions on collective bargaining and strike rights. However, the Supreme Court emphasized that while collective bargaining is encompassed under Article 11, no mandatory right to compel it exists within the UK legal framework. This distinction has implications for how trade unions can operate within current domestic limitations and aims to clarify the relationship between statutory definitions and European human rights protections.
Future of Worker Classification and Legislation
The discussion transitioned to potential legislative changes regarding worker classification in the gig economy, mentioning proposed EU directives and Labour Party recommendations for a simplified worker status. However, experts expressed skepticism that merely redefining worker status would resolve the ongoing challenges faced by gig economy workers. They noted that companies often adapt employment practices to avoid meeting statutory requirements for worker classification. As the gig economy grows and litigation continues, new cases, such as the upcoming Supreme Court matter on industrial action protections, will likely shape the legal landscape further.
Dan Stilitz KC talks to new tenant Lucy Jones about Independent Workers Union of Great Britain v Central Arbitration Committee and another [2023] UKSC 43.What is the latest from the Supreme Court on worker status? And, to what extent does Article 11 provide a right to compulsory collective bargaining?