The Independent Workers’ Union of Great Britain is challenging Deliveroo’s denial of collective bargaining rights in the Supreme Court, months after the food courier firm signed a recognition deal with the GMB union.

The IWGB is pursuing legal action with the aim of having Deliveroo couriers classified as workers for the purpose of Article 11.

“A victory would set a precedent for collective bargaining rights across the gig-economy, and it would pave the way for a future worker status claim to ensure that Deliveroo couriers have both basic worker rights and flexibility,” the IWGB stated.

According to the IWGB, Deliveroo’s announcement of its union partnership deal, in which the company claims it will negotiate with GMB over certain conditions, stands in stark contrast with its stance that self-employed (independent contractor) status prevents riders from any entitlement to collective bargaining rights. The GMB agreement, which began this month, fails to address numerous problems with Deliveroo’s employment practices in proposed negotiations, including the lack of holiday pay and pensions, it added.

The agreement with GMB also does not tackle over-hiring and unpaid restaurant waiting times, the biggest causes of low pay, the IWGB stated.

According to City A.M, Deliveroo slammed the case by IWGB and said it “focuses solely on very narrow issues related to the right to collective bargaining in the UK.”

Deliveroo workers were able to “be their own boss” while having security, with a “voluntary recognition agreement with the GMB Union that gives riders guaranteed earnings, representation and benefits”, it added.

Alex Marshall, former courier and President, IWGB, said, “It is outrageous that Deliveroo is continuing to spend hundreds of thousands of pounds fighting the IWGB in court over collective bargaining rights when it has just granted collective bargaining rights to another unrepresentative union. Clearly, Deliveroo accepts the legitimacy of collective bargaining for couriers but is simply not prepared to engage in collective bargaining with the union that has the largest membership of gig-economy couriers. Deliveroo should be investing this money in courier pay and conditions, rather than trying to silence its workers who only want a seat at the table.”

The GMB said it would now negotiate earnings on behalf of 90,000 Deliveroo riders.

“GMB’s agreement with Deliveroo is a traditional trade union recognition deal covering pay bargaining, the right to dispute resolution, representation over health and safety, benefits and grievances,” Martin Smith, GMB organiser, said.

Last year, work services platform Uber lost a landmark legal case in the UK Supreme Court which ruled that the firm must classify its drivers as workers rather than self-employed.