R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee and Roofoods Ltd t/a Deliveroo [2018]

Posted In: Case Law
  • Case Reference
    EWHC 3342 (Admin)
  • Legal Body
    England and Wales High Court (EWHC)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Collective and Trade Union Issues
Issues covered: Employment Status; Collective Bargaining; Article 11 ECHR; Right to Freedom of Assembly and Association

This was a judicial review challenge to an earlier decision that Deliveroo delivery riders are not considered 'workers' for the purposes of establishing the right to collective bargaining arrangements. The Central Arbitration Committee (CAC) previously held these individuals are self-employed contractors and not workers.

The High Court agreed that these drivers were not in ‘an employment relationship’ based on the circumstances. It rejected the argument that the restriction of statutory collective bargaining rights breached Art.11 of the ECHR. However, it held that even if Art.11 had been engaged, the interference would have been justified.

The restrictions imposed were deemed permissible

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This article is correct at 13/12/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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