Bringing the Right to Strike Home: Secretary of State for Business and Trade v Mercer – Part 2

The first part of this blog outlined the facts and decision in the Supreme Court case, Secretary of State for Business and Trade v Mercer, as well as the approach the Court took in …

Bringing the Right to Strike Home: Secretary of State for Business and Trade v Mercer – Part 1

Individual strikers are protected from dismissal where they are dismissed for participating in ‘protected’ (i.e lawful and official) industrial action, under s. 238A of the Trade Union and Labour Relations …

Taken for a Ride, Again: Deliveroo Riders in the Supreme Court

Last week’s ruling in Independent Workers Union of Great Britain v Central Arbitration Committee came as a great surprise to many employment lawyers: the Supreme Court unanimously held that Deliveroo Riders are …

The Right to Strike, Minimum Service Levels, and European Values

“The Strikes (Minimum Service Levels) Bill 2023 proposes a ‘minimum service levels’ framework for strikes in certain public services in Great Britain. These proposals were justified by reference to European …

Employment Status and Trade Union Rights: Applying Occam’s Razor

“The National Union of Professional Foster Carers (NUPFC) was set up to represent the distinctive occupational interests of foster carers. As a preliminary step, the NUPFC applied to the Certification …

Statutory Interpretation and the Limits of a Human Rights Approach: Royal Mail Group Ltd v Communication Workers Union

“In the 1998 white paper Fairness at Work, the recently elected New Labour Government famously declared that when it came to trade union law there would be no going back: …

Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – II

“In the coming days, labour lawyers from around the world will be tuning in to watch the arguments in Uber v Aslam. In terms of the wider ramifications of the reasoning …

Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy

Across the world, Gig employers are now facing a legal reckoning in the highest courts. On 21st July, the issue of whether Uber drivers are ‘workers’ will be considered by a …

Furloughing and Fundamental Rights: The Case of Paid Annual Leave

As the Coronavirus Job Retention Scheme takes shape over the coming weeks, its interaction with a host of existing employment rights will need to be clarified as a matter of …

Free Speech and Strike Action

Two UK law professors, Alan Bogg and Virginia Mantouvalou,  published an article in the UK Labour Law Blog discussing how the exercise of the right to strike is fundamentally an …

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