England and Wales Case Law

BCA Logistics Ltd v Brian Parker & Ors

The Employment Tribunal's finding that the substitution clause was not genuine and did not reflect the true agreement between the parties was based on credible evidence, practical realities, and the absence of any actual use of substitutes over 25 years. The Tribunal did not err in law by its treatment of witness evidence or substitution interactions, and its conclusion that the claimants were 'workers' was rational and inevitable.

Source excerpt

• Worker status
• Personal service
• Substitution clause
• Employment rights
• Minimum wage
• Working time

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A Manning v Walker Crips Investment Management Limited

The EAT held the tribunal erred on personal service in a worker-status case about an investment manager’s substitution clause, and remitted the client-or-customer issue.

• Worker status
• Personal service
• Client or customer
• Substitution clause
• Statutory interpretation
• Whistleblowing

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Independent Workers Union of Great Britain v Central Arbitration Committee

Independent Workers Union of Great Britain v Central Arbitration Committee [2018] EWHC 1939 (Admin) (15 June 2018)

Renewed permission for judicial review over Deliveroo rider worker status was refused on most grounds; permission was granted only on the Article 11 point.

• Worker status
• Collective bargaining
• Substitution clause
• Personal service
• Trade union recognition
• Judicial review

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