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I’ve previously likened the court case brought against Deliveroo by the tiny Independent Workers Union of Great Britain (IWGB) as a David vs Goliath battle if Goliath were ten foot tall and covered in kevlar armour while brandishing a pair of machine guns.
In what represents an all too rare ray of light in modern Britain, one of our David’s stones has hit its target.
A judge has given the union the go ahead to seek a full judicial review of a decision against its challenge to the status of Deliveroo riders that was made by the Central Arbitration Committee. The IGWB wants to collectively bargain on the behalf of those in Camden (and beyond).
The ruling represented a major disappointment for those fighting for the rights of those working in the so called "gig economy". It differed from what has happened in similar cases ih which judges have tended to rule in favour of workers when they have sought the status of employee rather than that of self employed independent contractor.
Just this week Gary Smith won one of those cases against Pimlico Plumbers, for which he had solely worked for six years while registered as self employed, that went all the way to the Supreme Court.
Employees are, in the view of a growing number of people, exactly what the likes of Deliveroo riders, and Uber drivers, and many others besides, are. They should therefore be eligible for benefits such as holiday pay and the protection afforded by minimum wage laws.
The Deliveroo Goliath is still standing. It will be able to call upon all the resources that big companies have at their disposal to argue its case when it gets to court.
David’s slingshot, by contrast, is being funded through a campaign via crowdjustice.com.
It has so far raised £23,380, which won’t even represent a rounding error in the results statements Deliveroo will have to issue when its mooted £1.5bn flotation has completed.
It’s hard to imagine a less equal struggle, but the union will now get its day in court, and it deserves your support.
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General secretary Jason Moyer-Lee told me he was particularly pleased with the fact that his team will be able to bring human rights arguments to bear when the case is heard.
That's because it is an issue of human rights. These workers should be eligible for the same basic protections that apply to their peers who work for more traditional companies.
Today's ruling represents a small, but important step, towards getting them that. It is to be greatly welcomed.
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