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Lewis Silkin successful in Deliveroo judicial review challenge

05 December 2018

The High Court has dismissed a judicial review challenge to a finding by the Central Arbitration Committee that Deliveroo riders are not “workers”. The Court ruled that the riders are not in an “employment relationship” for the purposes of European law.

Lewis Silkin Partner Colin Leckey, supported by Senior Associate David Hopper, acted for Deliveroo, instructed by Deliveroo’s Head of Employment Tarun Tawakley.  Lewis Silkin instructed Chris Jeans QC and Tom Cross of 11 KBW.  The IWGB was represented by Harrison Grant and instructed John Hendy QC, Katharine Newton and Madeline Stacey of Old Square.

Commenting on the decision, Leckey said “We are pleased to have acted for Deliveroo in this important case, which emphatically upholds the finding of the CAC that Deliveroo riders are fully self-employed for the purposes of employment law.  To our knowledge, this is the first case to have looked at whether a group of gig economy workers are in an “employment relationship” for the purposes of Article 11 of the European Convention on Human Rights.  The Court found that not only was Article 11 not engaged, but even if it had been the definition of “worker” in the compulsory recognition legislation was justified, and it could not be “read down” to provide the effect the union contended for.”

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