Receding Confidence in Trust and Confidence? James-Bowen v Commissioner of Police of the Metropolis – David Cabrelli
Introduction Although given the moniker of a ‘portmanteau obligation’ by Lord Nicholls in Malik v BCCI ([1998] AC 20 at 35A), there are undoubtedly limits to the operational capacity of the implied term and mutual trust […]
Work, Human Rights, and Extreme Poverty in the UK: On the Occasion of the Visit of the UN Special Rapporteur, Philip Alston – Virginia Mantouvalou
The UN Special Rapporteur on Extreme Poverty and leading authority globally in international human rights law, Professor Philip Alston of NYU, published a statement on Extreme Poverty and Human Rights, following his official visit in […]
Lift the Ban: A Right to Work for Asylum Seekers – Emmeline Plews
Last month Refugee Action published a report setting out the case for reforming the current restrictions on asylum seekers’ freedom to work in the UK. Supported by a coalition of over 80 NGOs, think tanks, […]
Do parents need a holiday? The Court of Justice rules on parental leave and holiday rights – Rebecca Zahn
On 4 October 2018, the Grand Chamber of the Court of Justice of the European Union (CJEU) handed down its judgment in Case C-12/17 Tribunalul Botoşani, Ministerul Justiţiei v Maria Dicu. The case has received […]
Collective voice in the gig economy: challenges, opportunities, solutions – Jeremias Prassl
The rapid growth of the gig or platform economy in Europe has triggered much discussion about the future of employment rights. A recent report to the ETUC focuses on a particularly important subset of issues […]
Discrimination and privacy in religious workspaces: a welcome ruling on “ethos organisations” – Katy Sheridan
Last week, the Grand Chamber of the CJEU handed down its fourth case on religious discrimination under the Equal Treatment Directive in employment and occupation: IR v JQ. It is a welcome exposition of limitations […]
The UK Modern Slavery Act 2015: A ‘Splendid Piece of Legislation’? – Virginia Mantouvalou
On 30 July 2018, the Government announced a review of the Modern Slavery Act 2015 (MSA) to be led by Frank Field MP, Baroness Butler-Sloss, and Maria Miller MP. In the announcement, it was stated […]
Three steps too far in the undervaluing of care: Mencap v Tomlinson-Blake – LJB Hayes
Mencap v Tomlinson-Blake [2018] EWCA Civ 1641 is a judgment to take your breath away. It follows an established pattern in which the UK higher courts misunderstand, misrepresent and undermine the value of care workers’ labour. […]
#YouToo: The Sexual Harassment in the Workplace Report of the House of Commons Women and Equalities Committee – Karon Monaghan
Towards the end of last year, the House of Commons Women and Equalities Committee (WEC) commenced an inquiry into sexual harassment of women and girls in public places. WEC’s report on this is expected in […]
A Missed Opportunity of a Unified test for Employment Status – Hugh Collins
Over the summer the government is contemplating what it should do about the thorniest issue in employment law: employment status. The concept of ‘employment status’ refers to the type of contractual arrangement that a worker […]
