In November 2023, The Guardian reported the UK’s supreme court ruled Deliveroo riders are self-employed contractors and do not have the right to collective negotiations on working conditions and pay. The judgement found UK riders could not be classed as ‘workers’ as they have the right to arrange a substitute to perform their duties.

The ruling follows years of fighting through the courts by The Independent Workers’ Union of Great Britain to classify Deliveroo riders as ‘workers’. The union states it will consider challenging the ruling under international law, which the article alleges would bring the case to the European Court of Human Rights, and would therefore be brought against the UK Government rather than Deliveroo.

The Guardian article contains a statement from Deliveroo, who said the outcome was “a positive judgment for Deliveroo riders, who value the flexibility that self-employed work offers”.

Later in November, an article in The Conversation alleges the judgement speaks to a wider trend in the erosion of workers' rights. The article alleges gig workers will be less likely to access standards employment protections, such as the right to join a union. The article highlights how, despite the fact workers in the gig economy have flexible relationships with employers, they ‘still do not fit the traditional definition of ‘self-employment’’.

The article suggests the court’s decision is part of a wider, growing trend for gig platforms to ‘pick and choose’ employment protections not backed by employment law. The authors suggest this could lead to an erosion of universal coverage in the UK, replaced with inconsistent levels of worker protection.