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.

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.