I was granted a year’s study leave to work on my book, Academic Freedom and the Law, spending time in Germany and the United States. Nobody at UCL questioned whether it was appropriate for a professor of media law to write on academic freedom, although there is no close link between these subjects. Earlier in … Continue reading Academic Freedom – by Eric Barendt
Introduction In an earlier entry on this blog, Natalie Sedacca and Avril Sharp outlined the horrifying circumstances in which many domestic workers, as victims of human trafficking or ‘modern slavery’, often find themselves. My concern, in this entry, is with something more basic. That is domestic workers’ and other migrant workers' immigration status. Labour migration schemes tend … Continue reading Labour Migration, Skills and Discrimination – by Dáire McCormack-George
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 ago; but it is integral to the tripartite structure of the ILO which relies on collective worker and employer organisations … Continue reading 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
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 Dame Hazel Genn (former Dean, UCL Laws). The introductory remarks were followed by speeches by Professor Keith Ewing (KCL), Professor … Continue reading Philosophical Foundations of Labour Law Book Launch – Karon Monaghan
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 and confidence in employment law. The decision of the Supreme Court in James-Bowen v Commissioner of Police of the Metropolis ([2018] … Continue reading Receding Confidence in Trust and Confidence? James-Bowen v Commissioner of Police of the Metropolis – David Cabrelli
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, businesses and faith groups, the ‘Lift the Ban’ campaign proposes two specific legislative changes. First, to give the right to … Continue reading Lift the Ban: A Right to Work for Asylum Seekers – Emmeline Plews
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 little attention so far even though it marks a significant step backwards in the CJEU’s interpretation of the right to … Continue reading Do parents need a holiday? The Court of Justice rules on parental leave and holiday rights – Rebecca Zahn
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 raised by the spread of platform work across industries and Member States: what are the challenges and opportunities for workers’ … Continue reading Collective voice in the gig economy: challenges, opportunities, solutions – Jeremias Prassl
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 on the ability of ethos organisations - those founded on a particular religion or belief - to discriminate against workers. … Continue reading Discrimination and privacy in religious workspaces: a welcome ruling on “ethos organisations” – Katy Sheridan
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. On this occasion, the Court of Appeal’s decision removes entitlement to minimum wage protection from care workers engaged in so-called … Continue reading Three steps too far in the undervaluing of care: Mencap v Tomlinson-Blake – LJB Hayes
