R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee and Roofoods Ltd t/a Deliveroo Posted In: Case Law
Case ReferenceEWHC 3342 (Admin)
Legal BodyEngland and Wales High Court (EWHC)
Type of Claim / JurisdictionContracts of Employment, Collective and Trade Union Issues
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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