In a claim by the Independent Workers Union of Great Britain (IWGB) made in 2016 for it to be recognised as the Deliveroo riders' representative and as such able to negotiate for this group (c.f. article No. 9914) the Central Arbitration Committee (CAC), as arbiter of union recognition dispute, has ruled that these riders are self-employed and thus can not be represented by a trade union body. Recent changes to the riders' contracts, especially as regards the ability to be substituted by another rider were key factors in the decision, which Deliveroo claimed as a victory. Unions are disappointed by this decision that runs counter to earlier judicial rulings against gig economy businesses.
On 14 November the CAC admitted that because Deliveroo could ‘substitute’ other riders to take their place on a job was a fatal blow to the union’s claim. This is because in UK Labor law the ability to substitute one worker for another changes the legal terrain. Unlike self-employed workers, salaried workers only have minimal ability to be substituted as is clearly defined in the employment status with the CAC committee explaining “we find that the substitution right to be genuine, in the sense
…Do you have information to share with us?