On 24 June 2021, the Court of Appeal handed down judgment in Independent Workers of Great Britain v Roofoods Limited t/a Deliveroo  EWCA Civ 952.
The Independent Workers of Great Britain (“the Union”) sought compulsory collective bargaining in respect of a unit of Deliveroo riders in the Camden and Kentish Town food delivery zone. Applications by a trade union (to be recognised for compulsory collective bargaining) are determined by the Central Arbitration Committee (“the CAC”). A trade union can only (as a matter of domestic law) apply to the recognised for collective bargaining in respect of a unit of workers (as defined by section 296(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”)). The CAC refused the Union’s application on the basis that the relevant riders did not constitute workers within the meaning of section 296(1) of the 1992 Act.
The Union judicially reviewed the decision on the basis that the CAC’s decision constituted a breach of Article 11 of the European Convention of Human Rights. Article 11 of the ECHR includes the right to form and join trade unions. The high court dismissed the Union’s claim. The Union appealed to the Court of Appeal. The Court of Appeal dismissed the Union’s appeal.