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We live in a digital era where daily life has been significantly changed by the rise of online services and networks. Much of our communication and access to information now takes place in the online world, offering unprecedented possibilities for individual expression and public debate. Judges, just like all citizens, are part of this digital…

Locked ©David Mangan

Not really working On 21 November 2023, the UK Supreme Court delivered its long-awaited decision in the Deliveroo case. The judgment, concluded that the Deliveroo riders organised and represented by trade union IWGB were not in an ‘employment relationship’ for the purposes of Article 11 of the ECHR. Fatal to this claim was, in particular,…

In a judgment published earlier today, the Supreme Court of Ireland has confirmed that some forms of collective agreements may be extended erga omnes across economic sectors, thereby helping to bring the benefits of collective bargaining to more people working in Ireland. This note gives a brief background to the colourful history of collective sectoral…

The worldwide and fast spread of the corona virus and the Covid-19 disease gave momentum to homework for workers having office jobs. While information and communications technology allows workers to be available for work 24/7 the – mostly – abrupt decision of employers to put their staff on teleworking from home creates legal and practical…

Can an employee be an expert in her work, beyond her employment?  Employees engaged in knowledge or service industries have taken the initiative to also market themselves as leaders in their industries using online sources. Platforms such as LinkedIn may be used. Alternatively, a website that offers industry-specific information may be created by the employee. The…

In its judgement of 17 October 2019, in the case of López Ribalda v. Spain, the Grand Chamber Applications nos. 1874/13 and 8567/13) of the European Court of Human Rights (ECtHR) revised the former judgement of the third section of the court. The Court now held that video surveillance of workers did not violate the right to privacy…

The evolution in understanding privacy and personal data Visitors to major cities will become familiar with colour coding of the various means of transportation: for example, yellow cabs in New York; black cabs in London. Supplanting these colourful vehicles are alternatives to the regulated taxi industry, such as Uber or Lyft. The present contribution focuses…

Tilting at windmills? Innovations in information technology can be both positive and negative when applied to the workplace. On the positive side, there is an extended reach for individuals in any one country. Borders become less of an obstacle. However, regulatory frameworks within jurisdictions may remain hardened. Employment is one regulatory framework in which rigidity…

Recently, the European Court of Human Rights (ECtHR) has put privacy in the workplace back to our attention. The fast pace of technological evolutions and the wide availability for consumers of communication and monitoring tools has brought surveillance practices within the immediate reach of employers and human resources practices. Three recent cases of the ECtHR…