The Independent Workers Union of Great Britain (IWGB) has been given the go-ahead to challenge the employment status of Deliveroo riders in the high court.
The union is hoping for the court to overturn a ruling that confirms the self-employed status of those working for the restaurant delivery group.
The IWGB wants a full judicial review of the ruling and argues that as independent contractors, Deliveroo drivers are denied basic employment rights including a guaranteed minimum wage, collective bargaining rights and holiday pay.
In the previous ruling, the committee concluded that because riders can pass on a job to a substitute, they are not obliged to provide a “personal service” and therefore cannot be classified as employees.
Jason Moyer-Lee, general secretary of IWGB, called the matter an issue of “fundamental human rights”.
“Deliveroo should take a serious look at itself and ask itself whether it really wants to save a bit of money at the expense of the Human Rights of the individuals who make their business a success,” he added.
Crowdfunding for the legal costs of the latest gig economy case has reached a total of £23,000 so far.
Deliveroo has not disputed the decision today and hailed the court’s decision as a victory.
“Today’s decision has clearly upheld the central finding of the CAC, which is that Deliveroo riders are self-employed,” said a spokesperson for the group.
“Deliveroo has long argued that the self-employed should have access to greater protections, and we welcome any debate on how that can best be achieved.”
No date has yet been for the court case.