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England and Wales decisions
Decisions matching the current search
The EAT held that counsel to a Scottish public inquiry was neither a holder of public office nor a worker, so the discrimination claims failed for lack of jurisdiction.
The Supreme Court held that Deliveroo riders were not within article 11 ECHR trade union rights and that article 11 does not require compulsory collective bargaining.
The Independent Workers Union of Great Britain v The Central Arbitration Committee [2021] EWCA Civ 952 (24 June 2021)
The Court of Appeal dismissed IWGB’s challenge to the CAC’s refusal to recognise Deliveroo riders. It held the genuine substitution clause prevented worker status under Article 11.
The Court of Appeal held that foster carers are within Article 11 for trade union purposes and that excluding their union from listing under the 1992 Act was unjustified.
National Union of Professional Foster Carers v The Certification Officer [2021] EWCA Civ 548 (16 April 2021)
Court of Appeal held foster carers could be treated as workers for section 2 listing, and that excluding the union from listing breached Article 11 ECHR.
The Independent Workers' Union of Great Britain, R (on the application of) v The Secretary of State for Work and Pensions & Ors [2020] EWHC 3050 (Admin) (13 November 2020)
The High Court held that the UK failed to fully implement EU health and safety directives for limb (b) workers, including protection against leaving work due to serious danger and PPE.
Judicial review on whether UK health and safety law properly implemented EU worker-protection directives for limb (b) workers; claim succeeded in part.
Gilham v Ministry of Justice [2017] EWCA Civ 2220 (21 December 2017)
The Court of Appeal held that a district judge was not a worker under section 230(3) ERA 1996, so her whistleblowing claim failed.
Day v Health Education England & Ors [2017] EWCA Civ 329 (05 May 2017)
The Court of Appeal held that section 43K ERA 1996 can apply against one respondent even if the claimant is already a worker with another, and remitted the case on whether HEE substantially determined Dr Day’s terms.
The Court of Appeal held that Dr Day could rely on section 43K against HEE despite his Trust employment, and remitted the case to determine HEE’s role.
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