Employment analysis: Only those in an employment relationship benefit from the right under article 11 of the European Convention on Human Rights (ECHR) to form trade unions for the protection of their interests. Whether an employment relationship exists is to be answered by reference to the criteria identified in International Labour Organisation Recommendation 198 including whether the work must be carried out personally. In this case the Central Arbitration Committee (CAC) had held that the Deliveroo riders had a genuine, virtually unlimited, right of substitution and so did not have to provide services personally to Deliveroo and were therefore not in an employment relationship with them. In its dismissal of a judicial review of that decision, the High Court did not err in its finding that the riders did not have article 11 rights which might affect that, according to the Court of Appeal.
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