No change for freelance trade unionism

FREELANCES may have seen reports of a decision by the UK Supreme Court that went against claims by the Independent Workers Union of Great Britain (IWGB) on behalf of Deliveroo riders. The short version is; nothing has changed.

The IWGB had applied to the Central Arbitration Committee to be "recognised" as representing Deliveroo drivers. This was refused, and the IWGB appealed to the Supreme Court.

Recognition would mean that a method for collective bargaining could be imposed on Deliveroo. As the Supreme Court judgment perhaps drily notes, recognition "does not oblige the employer actually to conclude a collective agreement with a recognised union".

The IWGB was allowed to appeal only on the basis of one of the rights guaranteed by the Human Rights Act 1988: freedom of assembly and association (Article 11 of the European Convention on Human Rights). The Supreme Court held that this did not apply.

Lord John Hendy KC argued in the alternative that if the UK government conferred the right to union recognition on some workers, then it must confer it on all. The Supreme Court held that this did not apply to discrimination against freelances - whereas it would if, say, Deliveroo recognised only white workers.

So the law remains where it is. Freelances have no right in UK law to compel negotiations. We also have no right to strike. If there is to be a change, it will have to be made in Parliament - and drafting a new law will be more complicated than can be explained in this margin.

Freelances continue to benefit from advice and support from our trades unions. The IWGB noted that "whether reflected in legislation or not, couriers are joining the union in ever bigger numbers and building our collective power to take action and hold companies like Deliveroo to account."

© Mike Holderness