The Independent Workers Union of Great Britain, R (On the Application Of) v Central Arbitration Committee : Re: Deliveroo [2018] EWHC 3342 (Admin) (05 December 2018)

The Independent Workers Union of Great Britain, R (On the Application Of) v Central Arbitration Committee : Re: Deliveroo [2018] EWHC 3342 (Admin) (05 December 2018)

Deliveroo riders are not 'workers' under s.296(1)(b) of the 1992 Act because their contracts provide a genuine and unfettered right of substitution, negating any obligation of personal service. Article 11 ECHR is not engaged as there is no employment relationship. The statutory definition of 'worker' cannot be read down to include the riders without contravening the underlying thrust of the legislation. The CAC did not err in its reasoning or in addressing the Article 11 arguments.

Citation
[2018] EWHC 3342 (Admin)
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 After Substantive Hearing
Outcome
Claim for judicial review dismissed
Legal Topics
Trade Union Recognition, Collective Bargaining, Worker Status, Article 11 ECHR, Personal Service Obligation, Human Rights Act 1998
Employment Law Human Rights Law Trade Union Recognition Collective Bargaining Worker Status Article 11 ECHR Personal Service Obligation Human Rights Act 1998

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 After Substantive Hearing

Legal Issues

  1. 1 Whether Deliveroo riders are 'workers' under s.296(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the purposes of statutory trade union recognition
  2. 2 Whether Article 11 ECHR (right to collective bargaining) is engaged for Deliveroo riders
  3. 3 Whether the statutory definition of 'worker' should be read down to comply with Article 11 ECHR

Ratio Decidendi

Deliveroo riders are not 'workers' under s.296(1)(b) of the 1992 Act because their contracts provide a genuine and unfettered right of substitution, negating any obligation of personal service. Article 11 ECHR is not engaged as there is no employment relationship. The statutory definition of 'worker' cannot be read down to include the riders without contravening the underlying thrust of the legislation. The CAC did not err in its reasoning or in addressing the Article 11 arguments.

Court Disposition

Claim for judicial review dismissed

Orders

  • Permission to amend ground 4 granted
  • Claim for judicial review dismissed