The High Court has upheld a CAC decision finding that the Independent Workers Union of Great Britain ("IWGB") could not pursue a claim for statutory recognition by the University of London in respect of a group of security guards who provided services to the University but who were employed by a different company. The Court rejected IWGB's argument that Article 11 of the European Convention of Human Rights could be engaged where the University was not the employer of the workers nor, indeed, had any direct contractual relationship with them. The Court was clear in saying that to have permitted the IWGB to have obtained compulsory recognition rights in respect of the University would have undermined the manner in which the University had chosen to arrange its operations by way of outsourcing and so would have impermissibly impinged on its economic rights and freedoms. We understand that IWGB has applied for permission to appeal the High Court's decision.
R (on the application of Independent Workers' Union of Great Britain) v Central Arbitration Committee, High Court