All posts by UK Labour Law Blog

Protecting the right to strike in the ILO and the European Court of Human Rights: the significance of Appn No 44873/09 Ognevenko v Russia – Tonia Novitz

Freedom of association is a foundational principle of the International Labour Organisation (ILO). Not only is this principle recognised in the ILO Constitution, first established as Part XIII of the Treaty of Versailles, a century […]

Philosophical Foundations of Labour Law Book Launch – Karon Monaghan

On Wednesday the 20th of February we launched the book Philosophical Foundations of Labour Law (Hugh Collins, Gillian Lester and Virginia Mantouvalou eds, OUP, 2018) at the Faculty of Laws, UCL. The event was introduced by Professor […]

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 […]

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 […]

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 […]

Pimlico Plumbers: Cutting the Gordian Knot of Substitution Clauses? Michael Ford

It has become an orthodoxy in employment law that an employment contract requires personal service, which a valid substitution clause can defeat. The same approach has been read across to ‘worker’ status, where the various […]