The Court of Appeal has ruled in favour of food delivery company Deliveroo in its legal fight for its riders to be considered self-employed. In an ongoing battle, union IWGB has represented Deliveroo riders in challenging the gig economy employers over couriers’ rights, but its latest appeal was rejected.

Three judges ruled unanimously that previous judgments finding Deliveroo was not in an employment relationship with its riders were correct.

A spokesman for Deliveroo said that the ruling was good news for its riders and was an important milestone. He said:

“UK courts have now tested and upheld the self-employed status of Deliveroo riders four times. Our message to riders is clear. We will continue to back your right to work the way you want. Deliveroo’s model offers the genuine flexibility that is only compatible with self-employment, providing riders with the work they tell us they value.”

This view was rejected by Alex Marshall, president of the IWGB, who stated:

“Deliveroo couriers have been working on the front line of the pandemic and whilst being applauded by the public and even declared heroes by their employer, they have been working under increasingly unfair and unsafe working conditions. The reward they have received for their herculean effort? Deliveroo continuing to invest thousands of pounds in litigation to silence workers’ voices and deny them the opportunity to negotiate better terms and conditions.”

The growth of the ‘gig economy’ – made up of short-term contracts and flexible working as opposed to long-term contracts – has led to much confusion. Employment Tribunals sometimes agree that workers are employees, and therefore entitled to benefits, and vice versa. Deliveroo uses a different model to Uber, the ride-hailing app, which so far has failed in its fight to have its taxi drivers recognised as self-employed contractors. Uber’s most recent reverse was in the UK Supreme Court in February.