Independent Workers Union of GB v CAC & Roofoods Ltd t/a Deliveroo
Decision Number: EWCA Civ 952 Legal Body: Court of Appeal (England and Wales)
Published on: 24/06/2021
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

This case concerned delivery drivers for Deliveroo who worked under ‘supplier agreements’ which were non-negotiable. In that agreement they are defined as ‘independent contractors’ and that there is no obligation upon Deliveroo to provide work nor is there an obligation on the rider to accept jobs. The riders are also able to substitute their work regardless of whether the substitute is also under the supplier agreement.

The IWGB applied for a group of Deliveroo riders to be recognised for collective bargaining purposes. This was rejected by the Committee on the basis that they were not workers as required under Section 296(1) of the Trade Union and Labour Relations (Consolidation) Act.

The IWGB judicially reviewed the decision which focused on

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 24/06/2021