Deliveroo riders are not employees

Andrew Weir • November 21, 2023

The decision is a win for gig economy companies...

The Supreme Court said people working for Deliveroo couldn't be considered employees because they don't have specified hours, can work for rival companies, and can appoint someone to work in their place.


The arrangement between Deliveroo and its riders is "fundamentally inconsistent with any notion of an employment relationship", its judgment said.


Deliveroo riders had sought collective bargaining rights and the case was brought by the Independent Workers Union of Great Britain (IWGB).


They had tried to negotiate pay and conditions with the company, but were refused in 2017 as the members did not meet the definition of a worker under UK law.


A series of appeals were launched, culminating in the Supreme Court decision, which said they cannot benefit from union membership as they do not meet the definition of a worker or employee.


The IWGB had argued Deliveroo unlawfully interfered with riders' human rights by denying their application to be recognised for collective bargaining purposes.


Workers, under UK employment law, cannot be discriminated against nor have unlawful wage deductions - but don't receive the full range of legal rights conferred on employees.


Just over two years ago, Uber lost it's Supreme Court challenge and drivers were recognised as workers, not independent third-party contractors, meaning they are entitled to basic employment protections such as the minimum wage.


In the Uber case, judges concluded that drivers are "in a position of subordination and dependency to Uber, such that they have little or no ability to improve their position through professional or entrepreneurial skills".


The IWGB said it was disappointed at the Deliveroo ruling and was considering its options.


"Whether reflected in legislation or not, couriers are joining the union in ever bigger numbers and building our collective power to take action and hold companies like Deliveroo to account," a statement said.


"Our strength lies not in court rulings but in our unity as a workforce coming together to demand change."



A Deliveroo spokesperson said: "UK courts repeatedly and at every level have confirmed that Deliveroo riders are self-employed, and this now includes the Supreme Court, the highest court in the country.  This is a positive judgment for Deliveroo riders, who value the flexibility that self-employed work offers."

Get In Touch


Employee using an AI tool on a laptop in a small business workplace
By Andrew Weir • September 28, 2026
Your employees are already using AI tools at work. Without a policy, that creates real data protection and disciplinary risk. Here is what yours needs to cover.
Business owner reviewing documentation for a some other substantial reason dismissal process
By Andrew Weir • September 21, 2026
SOSR is not a catch-all for dismissals you cannot otherwise justify. Here is what it covers, what a tribunal expects to see and how to evidence it properly.
By Andrew Weir • September 7, 2026
Most tribunal claims start small. Here is how building a speak-up culture in your business reduces your exposure before problems ever become formal.
By Andrew Weir • August 24, 2026
5.6 million UK workers have had their basic employment rights breached in the past two years. Most employers had no idea. Here is how to check whether yours are covered.
By Andrew Weir • August 10, 2026
If a tribunal claim lands on your desk, you have 28 days to respond and what you do next really matters. Here is what to do and why professional support is worth it.
By Andrew Weir • August 3, 2026
From January 2027, unfair dismissal compensation will be uncapped. Here is what is changing, how it affects your business and what you need to do to protect yourself.
Business owner reviewing an employment tribunal case and dismissal process documentation
By Andrew Weir • July 27, 2026
An employee won £66,295 after being dismissed for raising concerns about his manager. Here is what went wrong and why cases like this get more expensive from January 2027.
Business owner reviewing sexual harassment prevention policy and compliance documentation ahead of O
By Andrew Weir • July 6, 2026
From October 2026 a policy alone will not protect your business from a sexual harassment claim. Here is what the new rules mean and what you need to have in place before the deadline
Business owner reviewing HR data and people metrics at a desk ahead of the second half of 2026
By Andrew Weir • June 29, 2026
Halfway through 2026 is the perfect time to take stock of your people strategy. Here are 5 areas every small business owner should review before H2.
By Andrew Weir • June 21, 2026
Overlapping summer holiday requests do not have to cause chaos. Here is how to handle them fairly, consistently and legally as a small business owner.
More Posts