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
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 that modern slavery is a horrendous crime, causing harm that can be compared to homicide, and that it is very … Continue reading The UK Modern Slavery Act 2015: A ‘Splendid Piece of Legislation’? – Virginia Mantouvalou
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
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 Autumn 2018. In the meantime, in February 2018, WEC began an inquiry into sexual harassment in the workplace. Both inquiries … Continue reading #YouToo: The Sexual Harassment in the Workplace Report of the House of Commons Women and Equalities Committee – Karon Monaghan
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 must have in order to qualify for employment rights. The government commissioned the independent report, Good Work: The Taylor Review … Continue reading A Missed Opportunity of a Unified test for Employment Status – Hugh Collins
The work of parenting is a labour of love. There is no work that is harder and there is no work that is more rewarding. How many parents have reflected upon this at 3 a.m., covered in sick and Calpol, reflecting on the prospect of a long day ahead at work? In their disoriented state, … Continue reading Foster parents and fundamental labour rights – Alan Bogg
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 statutory definitions all refer to contracts under which an individual undertakes to ‘perform personally any work or services’ for the … Continue reading Pimlico Plumbers: Cutting the Gordian Knot of Substitution Clauses? Michael Ford
Social media posts are often spontaneous and thoughtless, but many people are dismissed because of what they post on platforms such as Twitter, Facebook or Instagram. A woman employed by a US government contractor lost her job because she was photographed extending her middle finger at the motorcade of President Trump when she was away … Continue reading ‘I Lost my Job Over a Facebook Post: Was that Fair?’ Virginia Mantouvalou
