The Independent Workers’ Union of Great Britain (IWGB) has filed a claim for judicial review challenging the decision by the Central Arbitration Committee to not hear an application for trade union recognition for the purposes of collective bargaining on behalf of some of the University of London’s outsourced workers. Cordant Security provide the workers, but the IWGB claim that the University is in effect the employer because it “calls the shots” on pay, and terms and conditions. The IWGB argues that denying the outsourced workers the right to collectively bargain with the university, which is their de-facto employer, is a breach of article 11 of the European Convention on Human Rights. IWGB state that if successful, the test case would open the doors for workers throughout the UK to collectively bargain with their de-facto employer as well as their direct employer [the contractor], introducing the concept of a joint-employer to UK law.
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.
This 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. 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, we 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.