The High Court has given the IWGB union permission for a judicial review of the CAC’s decision that Deliveroo drivers are not workers for the purpose of obtaining statutory recognition for collective bargaining. The application for union recognition was rejected on the sole basis that Deliveroo drivers were not “workers” within the meaning of S.296 of the Trade Union and Labour Relations (Consolidation) Act 1992. IWGB’s argument was that the right to bargain collectively is an essential element of Article 11 of the European Convention on Human Rights, ‘Freedom of assembly and association’ and the definition of “worker”, within S.296 should be construed so as not exclude delivery drivers from exercising these rights. The CAC had not engaged with this argument.

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