Independent Workers Union of Great Britain (Appellant) v Central Arbitration Committee and another (Respondents)

Case summary

Case ID

UKSC/2021/0155

Parties

Appellant(s)

Independent Workers Union of Great Britain

Respondent(s)

Central Arbitration Committee

Roofoods Ltd T/A Deliveroo

Intervener(s)

Secretary of State for Business and Trade

Issue

Did the CAC's refusal to accept the Union's application to be recognised by Deliveroo for collective bargaining interfere with the rights of Deliveroo riders to form and join a trade union under Article 11 of the European Convention on Human Rights? If so, was this interference justified? Should the courts below have construed section 296(1)(b) of the 1992 Act so as to give effect to Article 11?

Facts

This appeal concerns collective bargaining rights in respect of Deliveroo riders. The appellant, the Independent Workers Union of Great Britain ("the Union") is an independent trade union whose members include Deliveroo riders. The second respondent, Roofoods Ltd ("Deliveroo") operates the Deliveroo food and drinks delivery service.On 28 November 2016, the Union submitted an application to the first respondent, the Central Arbitration Committee ("the CAC"), that the Union should be recognised by Deliveroo for collective bargaining in respect of a group of Deliveroo riders in the Camden zone. Applications are considered by the CAC in accordance with Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 ("the 1992 Act"). The CAC refused to accept the Union's application on the basis that the riders were not "workers" within the meaning of the 1992 Act. This was because Deliveroo did not require them to provide delivery services personally, but permitted the use of substitutes.Both the High Court and the Court of Appeal dismissed the Union's claim for judicial review of the CAC's decision. The Union now appeals to the Supreme Court.

Date of issue

20 July 2021

Judgment appealed

Judgment details

Judgment date

21 November 2023

Neutral citation

[2023] UKSC 43

Judgment links

Judgment summary

21 November 2023

Appeal

Justices

Lord Lloyd-Jones

Lord Briggs

Lord Stephens

Lady Rose

Lord Richards

Hearing dates

Full hearing

Start date

25 April 2023

End date

26 April 2023

Watch hearings

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