UKSC/2021/0155
•
EMPLOYMENT
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
Hearing dates
Full hearing
Start date
25 April 2023
End date
26 April 2023
Watch hearings
25 April 2023 - Morning session
25 April 2023 - Afternoon session
26 April 2023 - Morning session
26 April 2023 - Afternoon session
All videos on this page are recorded and transmitted in line with the Court's terms of use. These can be found here.. Please Note: Every effort is being made to provide a satisfactory streaming service of the Supreme Court judgments and hearings. However, these services may be subject to technical issues or delay, in which case we will attempt to resolve them as soon as possible.
Change log
Last updated 16 April 2024