Collective employee relations | Employment law cases | HR Tools

Deliveroo riders cannot rely on art.11 trade union rights, rules Supreme Court

In Independent Workers Union of Great Britain v Central Arbitration Committee and another, the Supreme Court held that Deliveroo riders are not in an employment relationship and fall outside the scope of the trade union rights under art.11 of the European Convention on Human Rights (ECHR).

Cases on appeal

Cases on appeal provides news on key case law developments that are expected.

Collective bargaining: Imposing a rejected pay award was unlawful

Date:: 23 June 2022

In INEOS Infrastructure Grangemouth Ltd v Jones and others, the EAT held that the employer had offered an unlawful inducement when it imposed a pay award in circumstances where collective bargaining pay negotiations had not been exhausted.

Trade unions: No protection against detriment for participating in industrial action

Date:: 25 March 2022

In Mercer v Alternative Future Group Ltd and another, the Court of Appeal held that legislation that provides protection against detriment for trade union activities cannot be interpreted to cover detriment for participation in industrial action.

Supreme Court rules that direct pay offers to workers were unlawful

Date:: 28 October 2021

In Kostal UK Ltd v Dunkley and others, the Supreme Court restored the tribunal's decision and held that the employer had offered unlawful inducements when it made two pay offers directly to Unite members while the collective bargaining process was still continuing.

Trade union activities: Dismissal due to manager's hostility

Date:: 17 December 2019

In Cadent Gas Ltd v Singh, the Employment Appeal Tribunal held that an employee was unfairly dismissed due to his trade union activities and that his manager's hostility towards him could be attributed to the employer.

Collective bargaining: Employer's direct approach to employees was lawful

Date:: 17 June 2019

In Kostal UK Ltd v Dunkley and others, the Court of Appeal held that the employer had not made unlawful inducements when it sent letters to employees asking them to agree a pay deal that had been rejected by their trade union.

No collective bargaining rights for self-employed Deliveroo riders, rules High Court

Date:: 18 December 2018

In R (on the application of the Independent Workers Union of Great Britain) v the Central Arbitration Committee and another, the High Court held that Deliveroo riders are not workers and therefore are not automatically entitled to a collective bargaining arrangement.

Trade union representative unfairly dismissed for retention of confidential information

Date:: 21 June 2018

In Morris v Metrolink RATP DEV Ltd, the Court of Appeal held that a trade union representative who retained confidential information related to a restructuring exercise was unfairly dismissed.

Court of Appeal rules on employer liability for third-party harassment

Date:: 7 June 2018

In Unite the Union v Nailard, the Court of Appeal held that the union was liable for the acts of its lay officials because they were acting as its agents, but that the union was not liable for failures by its employed union officials to prevent discrimination by third-party lay officials.

Employment law cases

Collective employee relations categories

All items: Collective employee relations

Deliveroo riders cannot rely on art.11 trade union rights, rules Supreme Court

Cases on appeal

Collective bargaining: Imposing a rejected pay award was unlawful

Trade unions: No protection against detriment for participating in industrial action

Supreme Court rules that direct pay offers to workers were unlawful

Trade union activities: Dismissal due to manager's hostility

Collective bargaining: Employer's direct approach to employees was lawful

No collective bargaining rights for self-employed Deliveroo riders, rules High Court

Trade union representative unfairly dismissed for retention of confidential information

Court of Appeal rules on employer liability for third-party harassment

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