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CAC rejects claim that contract workers are entitled to bargain collectively with the end-user

Makbool Javaid

In Independent Workers Union of Great Britain v University of London, the Central Arbitration Committee has rejected a claim that contract workers providing services at the University of London should be entitled to bargain collectively with the University, as the University is, in effect, their employer. The Independent Workers Union of Great Britain was seeking statutory recognition under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) in respect of workers employed by Cordant Security at University of London. The CAC found that even if the union was correct that the University ‘substantially determined’ the workers’ terms, the absence of any contract between the workers and the University was fatal, because the definition of ‘worker’ in S.296 of TULRCA requires such a contract. The University is not the employer of the workers in the Union’s proposed bargaining unit and therefore the Union’s application to the CAC is not admissible.

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