113: Central Arbitration Committee decision that Deliveroo drivers are not ‘workers’ subject to limited judicial review

In November 2017, the Central Arbitration Committee (CAC) ruled that w drivers are not workers for the purposes of the application of the Independent Workers Union of Great Britain (IWGB) for statutory recognition under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

The High Court has now given the IWGB limited permission to proceed in its application for judicial review of the CAC’s decision.

This right to seek judicial review is limited to the IWGB’s argument that the definition of ‘worker’ in TULRCA must be construed in such a way that it does not exclude delivery drivers from exercising their right to bargain collectively under Article 11 of the European Convention on Human Rights. The IWGB argued that the CAC had failed to engage with its submission on this point. The High Court rejected the IWGB’s appeal in relation to the CAC’s finding that Deliveroo riders are not ‘workers.’

This is another important case concerning the rights of workers within the so-called ‘gig economy’ – if IWGB are successful, the judicial review will overturn the decision of the Central Arbitration Committee that Deliveroo Riders are not entitled to collective bargaining.