14 NOVEMBER: The Central Arbitration Committee (CAC) has found that a majority of Deliveroo riders in the bargaining unit proposed by the Independent Workers' Union of Great Britian (IWGB) want collective bargaining rights for pay and holiday.
It is clear from this judgement that despite Deliveroo's claims to the contrary, Deliveroo riders are not satisfied with their current terms and conditions and want worker rights, including holiday pay and minimum wage.
The CAC ruled:
“The Union has been able to demonstrate considerable and consistent levels of support over the unfortunately long period of this case, notwithstanding Deliveroo’s opposition to the Union’s claim, and notwithstanding the difficulties of organising and contacting other Riders and the individual nature of the work – being a one person cycle delivery rider is, by definition, a solitary activity.”
“There are clearly concerns about the precarious nature of the work and the wider debate around the gig economy. From all the information before us, if the Riders had been workers within the meaning of s.296 of the Act, we would have found that a majority of the Riders in the proposed bargaining unit would support the Union’s bid for collective bargaining on pay, hours and holiday.”
“...we infer that the support and membership levels demonstrate an appetite and interest in collective bargaining beyond those who have made themselves visible. Many individuals supportive of a Union choose not to show their hand when an Employer is known to oppose recognition.”
Sadly the CAC also ruled that Deliveroo riders at this time cannot be considered limb (b) workers and consequently are not entitled to collective bargaining rights. The IWGB will be reviewing the judgement with its lawyers and decide the best course of action.
IWGB General Secretary Dr Jason Moyer-Lee said: “Despite the CAC's finding that a majority of the riders in the bargaining unit would likely support union recognition for the IWGB, it seems that after a series of defeats, finally a so-called gig economy company has found a way to game the system.”
“On the basis of a new contract introduced by Deliveroo's army of lawyers just weeks before the tribunal hearing, the CAC decided that because a rider can have a mate do a delivery for them, Deliveroo's low paid workers are not entitled to basic protections.”
The case covered a proposed bargaining unit covering the area of Camden and Kentish Town, London.
The full judgement is here. For more information:
Emiliano Mellino, press officer
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