Deliveroo riders will not receive the benefits of full employment status like minimum wage and paid leave following a test case ruling by the Central Arbitration Committee (CAC).
The case was brought against the committee by the Independent Workers Union of Great Britain (IWGB) who argued that the currently self-employed Deliveroo riders should receive union recognition and full employee status.
The case could be taken to the High Court if it is appealed.
IWGB General Secretary Dr Jason Moyer-Lee claimed that Gig Economy companies were finding ways to cheat the system.
After losing case after case, #gigeconomy bosses finally figured out how to game the system. The CAC has essentially said because a Deliveroo rider can have a mate do a delivery for him he is not entitled to basic protections like min wage. This battle is not over.
— Jason Moyer-Lee (@MoyerLee) November 14, 2017
But Deliveroo hit back by claiming the court ruling to be a victory for their employees who appreciated the freedom offered by the job.
Uber drivers win while Deliveroo riders lose
The case comes less than a week after Uber drivers successfully fought off an appeal to keep their full employment status intact. Uber drivers currently receive benefits such as a guaranteed minimum wage, overtime and a holiday wage.
The CAC ruled Deliveroo riders could not receive full employment status because of their freedom to swap their roles with other riders.
The CAC decision has been widely criticised with some claiming riders are rarely able to swap their job with other people when they are unable to work. The loss of earnings can therefore be significant for those who are unable to work.
What does this mean for the gig economy?
Although some people in the sector will be disappointed by the decision, others will see it as a positive. For many gig economy workers, the main attraction to working for a company like Uber or Deliveroo is the flexibility offered. Employees can start and finish their shift whenever they like by simply logging in and out of the app.
There were fears that increased workers' rights might result in reduced flexibility. Uber claims that it cannot pay people a minimum wage while also retain the current level of flexibility.
This is disputed by groups including the IWGB however, who argue that highly-rich companies like Uber could easily afford for flexibility and job security for their workers.
Better regulation needed on digital workforce issues - the gig economy will only grow and grow, we must ensure it contributes to wider society not just consumer convenience
— Jamie Rutherford (@JamieR_ENABLE) November 14, 2017
The future of the gig economy remains unclear for workers, with the recent Deliveroo and Uber rulings appearing to show an inconsistent government response. With some workers wanting full employment status and others wanting flexibility, it appears that some people will be left disappointed no matter how the issue is eventually resolved.