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In the case of Independent Workers Union of Great Britain v Central Arbitration Committee and anor, [2021] EWCA Civ 952 the Court of Appeal has held that Deliveroo riders do not fall within the scope of the trade union freedom right under Article 11 of the European Convention on Human Rights.

The Court confirmed that the question of whether Article 11 is engaged in this respect depends on the existence of an employment relationship, which is to be determined having regard to the International Labour Organisation (ILO) Recommendation 198 (2006).

It upheld the High Court’s decision that the riders were not in an employment relationship with Deliveroo. Delivery riders for Deliveroo work under non-negotiable ‘supplier agreements’, which describe them as independent contractors and state that there is no obligation on Deliveroo to provide work and no obligation on the rider to be available at any time or to accept jobs.

The agreements also allow riders to provide a substitute, who may be employed or engaged directly by the rider, without need for approval by Deliveroo. The riders were not therefore workers.

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