Skip to Main Content
Lawyers in Edinburgh
Solicitors in Edinburgh
Family Solicitors/Lawyers in Edinburgh

Latest news and insights

Licensing of short-term lets in Scotland

With short term lets in Scotland now subject to a licencing scheme, we highlight the requirements and important considerations for future and current hosts.

Museum Accreditation Scheme

Acquiring accreditation from the Museums Galleries Scotland provides huge benefits. Here we provide an overview of the criteria required for your application.

Uber continued: Deliveroo

Published: 16 August 2021
Time to read: 2 mins

Earlier this year the Central Arbitration Committee (CAC) declined to accept an application from the Independent Workers Union of Great Britain (IWGB) to be recognised by Deliveroo for collective bargaining in respect of a group of riders in its Camden & Kentish Town food delivery zone. The CAC held that the riders were not “workers” under the Trade Union and Labour Relations (Consolidation) Act 1992 because the terms under which they provide their services did not require them to do so personally but permitted the use of substitutes.

The IWGB unsuccessfully challenged the decision by way of judicial review by applying the right of association under Article 11 of the ECHR. Under Article 11 Workers have the right to collectively bargain (and seek recognition).

It was held that whilst Deliveroo riders still have the right to associate and could join unions, a distinction was made between the right to organise generally and the right to organise as a trade union. The right to compulsory recognition did not need be extended to independent contractors on these facts.

Practical implications:

This case highlights the importance of Article 11 and provides further understanding as to what factors are relevant when assessing the employment relationship. Employers should note that although the key factor in the CAC’s decision was the permittance of substitutes, it is not a simple case of stating within a contract of employment that substitutes are permitted to fill in– multiple considerations are taken into account, substitutes being just one.

Employers should regularly assess their current working arrangements against the most recent case law and where there is doubt as to the status of someone who works for you, seek advice.

Go Back

Our related services

To find out how we can help you with this topic or others, contact our expert teams or Fiona Cameron directly.


To receive regular updates like this one, you can sign up to our bulletins, and we will provide updates on the issues that matter to you.


Get in touch

Contact us to find out how we can help you.

Get in touch

Lawyers in Edinburgh
Solicitors in Edinburgh
Family Solicitors/Lawyers in Edinburgh

Find a lawyer

If you are looking for a specific member of our team, you can search for them by their name here. You can also search for your regular contact by their area of expertise using the buttons below.

Visit the ‘Our People’ page for more ways to search if you can’t find who you’re looking for.