From the archive: Just so you know, this article is more than 3 years old.
The ruling on 5 December, which dismissed a judicial review brought by the Independent Workers Union of Great Britain (IWGB), is a blow to gig economy campaigners seeking union recognition rights and workers' rights such as sickpay and paid holidays.
The High Court upheld a previous judgment by labour law body the Central Arbitration Committee (CAC) in November 2017, which had confirmed that the food courier's riders were self-employed.
The CAC rejected the IWGB's application to represent Deliveroo riders and concluded they could not be classified as workers or employees with the right to collective bargaining.
The committee had held that Deliveroo riders were not defined as workers by s296(1)(b) of the Trade Union and Labour Relations (Consolidation) Act (TULR(C)A) 1992, as they did not have a contractual obligation to perform work personally. Riders could offer a job to a substitute or decline work.
The CAC concluded that the IWGB could not rely on schedule A1 of the TULR(C)A to conduct collective bargaining on behalf of the riders.
The IWGB's judicial review had claimed that not allowing collective bargaining breached the riders' rights under article 11 of the European Convention on Human Rights (ECHR).
However, the High Court dismissed its application on two grounds. It concluded that under European human rights law, there is the right to bargain collectively in an employment relationship. However, the riders were not employed by Deliveroo.
The court also concluded that ECHR case law recognised that restricting statutory collective bargaining rights to workers with a contractual obligation of personal service was justified under article 11(2). This restriction was also covered by s296(1)(b) in the TULR(C)A. The court added that the restriction was proportionate and struck a fair balance between competing interests.
The IWGB has said it will appeal against the latest ruling. Its general secretary, Jason Moyer-Lee, said: "Deliveroo riders should be entitled to basic worker rights, as well as the ability to be represented by trade unions to negotiate pay and terms and conditions."
However, Deliveroo's UK managing director Dan Warne welcomed the decision. He called it "a victory for riders who have consistently told us the flexibility to choose when and where they work, which comes with self-employment, is their number one reason for riding with Deliveroo."
The incident happened at Whitechapel station in east London in the early hours of 4 June 2016 when Balfour Beatty Rail and LUL were working in a joint enterprise arrangement called Track Partnership renewing track on the Metropolitan Line. Track Partnership had scheduled weekend ballast replacement work at Liverpool Street and Aldgate East stations, using seven RRVs at each site. The 14 machines, which are used for lifting, digging and levelling track, moved in convoy from West Ham sidings to the stations.
Douglas Caddell, 65, was closing the gates at the East Farleigh station crossing in Kent when the incident happened on 24 April 2015. There had been a near-miss earlier that day when another vehicle drove over as he was operating the gates.Caddell sustained a fractured C3 and C4 vertebrae and spondylolisthesis (an injury known as a hangman's fracture) and the possibility of brain injury is being investigated. Caddell is unable to work in his former role.
The Office of Rail and Road (ORR) investigation found that both companies were aware of the risks associated with allowing workers to walk along the track in front of a RRV, which is used for lifting, digging or levelling track, but had failed to put a safe system of work in place before the incident happened in the early hours of 4 June 2016.
The study published on 29 November by the European safety agency EU-OSHA suggests the growth in information and communications technology (ICT)-enabled applications could see workers having more autonomy and control over their work. However, it warns that these workers may not have the skills to manage their workloads in a safe and healthy way.
The Alternative Parcel Company (APC) Overnight worker sustained injuries to both legs on 28 November 2015 after he was struck by the vehicle, which was operating in the same area.The Health and Safety Executive (HSE) investigation found APC Overnight had failed to ensure agency workers had undergone a suitable induction before being allowed to work where forklift trucks were moving around at the firm’s Sortation Hub in Kingswood Lakeside, Cannock in Staffordshire.
A Belfast-based Risk & Compliance software provider has been collaborating with the Health and Safety Executive (HSE) and construction giant Costain as part of an ongoing project to unlock artificial intelligence’s (AI) potential in improving the management of risks on worksites.
We spoke to Health and Safety Executive (HSE) inspector Andrew Johnson about a case where a one-tonne pallet of glass fell on a United Pallet Network (UK) Limited’s employee, causing life-changing injuries.
Unions have voiced concerns that employers that use agency workers to fill safety-critical roles during strikes could, potentially, be putting employee safety at risk if they haven’t been fully trained.
Nick Wilson, director of health and safety services at WorkNest, has more than 20 years of training experience, working with individuals from the top to bottom of organisations. Here he explains the steps you can take to improve the effectiveness of training and increased employee engagement when delivering courses.