The UK High Court has ruled that the UK government failed to properly extend EU COVID-19 protections to gig economy workers, such as Uber drivers and parcel couriers, including the provision of personal protective equipment (PPE). This arose due to the failure of the government to properly transpose parts of two EU health and safety directives into UK law.
The first is Council Directive 89/391/EC on the introduction of measures to encourage improvements in the health and safety of workers at work. The second is Council Directive 89/656/EC on the minimum health and safety requirements for the use by workers of PPE at the workplace. The gap in protection had existed ever since the deadline for transposing the Directives at the end of 1992, but the COVID-19 pandemic has given the gap particular significance.
In October 2020, the Independent Workers of Great Britain (IWGB) brought proceedings against the Department for Work and Pensions and the Department for Business, Energy and Industrial Strategy on whether they had properly implemented these EU directives.
The IWGB said that many of its members who continue to work throughout the coronavirus pandemic are exposed to serious risks because of a lack of PPE provided to them and a lack of a mechanism to enforce social distancing between collecting food at restaurants and delivering them to customers.
Mr. Justice Chamberlain of the High Court agreed with the IWGB that the UK had failed to grant gig economy workers the rights they are entitled to under EU Health and Safety law. These rights include the right to be provided with PPE by the business they are working for, and the right to stop work in response to serious and imminent danger.
Click here for the decision in R (IWGB) v Secretary of State for Work and Pensions & Or.