![]() In Independent Workers Union of Great Britain v Central Arbitration Committee and another EWCA Civ 952, the Court of Appeal unanimously held that Deliveroo riders do not fall within the scope of the trade union freedom right under Article 11 of the European Convention on Human Rights because they are not "in an employment relationship" with Deliveroo. Dismissing the appeal, the Supreme Court confirmed in Royal Mail Group Ltd v Efobi UKSC 33 that the claimant has the burden of showing a prima facie case of discrimination. The Supreme Court clarified that the wording of section 136(2) of the Equality Act 201 does not substantively alter the burden of proof in discrimination claims. Burden on Claimant in Discrimination Cases The government has also launched a call for evidence from businesses regarding a proposed mandatory vaccine certification scheme in venues and nightclubs as a contingency measure under the Autumn and Winter Plan 2021. The move to enable oversight and accountability of platforms’ algorithms comes in response to concerns about a lack of transparency and the potential for automated decisions to scale bias, discrimination and exploitation.The new regulations (Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (SI 2021/891) (Amendment Regulations)) will dictate that anyone entering a care home, and all care home workers, must be fully vaccinated following 11 November 2021. Rulings on those cases are still pending.Īt the same time, EU lawmakers have proposed new laws that would require large online platforms to provide regulators with information about how their algorithmic ranking systems function - with the aim of enabling wider societal oversight of AI-fuelled giants. While ride-hailing company Ola is facing a similar challenge to its use of technological surveillance and data as a management tool to control a self-employed workforce. This includes a group of Uber drivers who filed a challenge to Uber’s automated decision-making in the Netherlands last summer - making reference to pan-EU data protection law. The Bologna court ruling is also notable in light of a number of legal challenges against other gig platforms’ use of algorithms to manage large ‘self-employed’ workforces which have been filed in Europe in recent months. The on-demand delivery app has faced down a number of legal challenges on home turf - related to its classification of gig workers (as self employed couriers) and its opposition to collective bargaining rights for riders.Īlthough a 2018 inquiry led by UK MP Frank Field likened its ‘flexible’ labor model to 20th century dockyards - saying the dual labor market that Deliveroo generates works very well for some riders but very poorly for others. The decision is based exclusively on a hypothetical and potential evaluation without concrete evidence,” Sarzana added in the statement. ![]() “The fairness of our old system is confirmed by the fact that not a single case of objective and real discrimination emerged in the course of the trial. The court ordered Deliveroo to pay €50,000 per affected rider and publish the ruling on its website, according to - which has obtained a statement from Matteo Sarzana, general manager of Deliveroo Italy, who told it the company notes the judge’s decision but does not agree with it, as well as confirming that the shift reservation system linked to the algorithmic ranking is no longer in use in the market. ![]() Deliveroo has been contacted for comment on the ruling.
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