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Deliveroo riders are not workers with ECHR Article 11 right to form trade unions: confirmed (The Independent Workers Union of Great Britain v The CAC)

Published on: 29 June 2021
Published by: LexisPSL
  • Deliveroo riders are not workers with ECHR Article 11 right to form trade unions: confirmed (The Independent Workers Union of Great Britain v The CAC)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Employment status
  • Trade union recognition
  • ECHR Article 11: Right to freedom of association
  • Background facts
  • The application to the Central Arbitration Committee
  • The decision of the Central Arbitration Committee
  • The decision of the High Court
  • More...

Article summary

Employment analysis: Only those in an employment relationship benefit from the right under article 11 of the European Convention on Human Rights (ECHR) to form trade unions for the protection of their interests. Whether an employment relationship exists is to be answered by reference to the criteria identified in International Labour Organisation Recommendation 198 including whether the work must be carried out personally. In this case the Central Arbitration Committee (CAC) had held that the Deliveroo riders had a genuine, virtually unlimited, right of substitution and so did not have to provide services personally to Deliveroo and were therefore not in an employment relationship with them. In its dismissal of a judicial review of that decision, the High Court did not err in its finding that the riders did not have article 11 rights which might affect that, according to the Court of Appeal. or take a trial to read the full analysis.

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