The Independent Workers Union of Great Britain, R (On the Application Of) v Central Arbitration Committee : Re: Deliveroo

The Independent Workers Union of Great Britain, R (On the Application Of) v Central Arbitration Committee : Re: Deliveroo

Article 11 ECHR is not engaged for Deliveroo riders under the statutory recognition scheme because, on the CAC's findings, they do not have an employment relationship with Deliveroo due to a genuine and unfettered right of substitution. The statutory definition of 'worker' in s.296(1) is consistent with domestic and Strasbourg jurisprudence and does not breach Article 11. The CAC adequately addressed the Union's Article 11 arguments. There is no basis to 'read down' s.296(1) under s.3 HRA.

Parties
Claimant: The Independent Workers Union of Great Britain; Defendant: Central Arbitration Committee; Interested Party: Roofoods Limited t/a Deliveroo
Jurisdiction
England and Wales
Judgment Date
05 December 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Collective Bargaining, Trade Union Recognition, Worker Status, Article 11 ECHR
Labour Law Human Rights Law Collective Bargaining Trade Union Recognition Worker Status Article 11 ECHR

Case Brief

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Parties

The Independent Workers Union of Great Britain

Claimant

Central Arbitration Committee

Defendant

Roofoods Limited t/a Deliveroo

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Article 11 ECHR is engaged for Deliveroo riders under UK statutory recognition procedures
  2. 2 Whether the statutory definition of 'worker' in s.296(1) Trade Union and Labour Relations (Consolidation) Act 1992 breaches Article 11 ECHR
  3. 3 Whether the CAC failed to address the Union's Article 11 arguments

Ratio Decidendi

Article 11 ECHR is not engaged for Deliveroo riders under the statutory recognition scheme because, on the CAC's findings, they do not have an employment relationship with Deliveroo due to a genuine and unfettered right of substitution. The statutory definition of 'worker' in s.296(1) is consistent with domestic and Strasbourg jurisprudence and does not breach Article 11. The CAC adequately addressed the Union's Article 11 arguments. There is no basis to 'read down' s.296(1) under s.3 HRA.

Court Disposition

Claim dismissed