The recent case of FCO and others v Bamieh [2019] EWCA Civ 803 in the Court of Appeal considered a particular aspect of the extra-territorial application of the Employment Rights Act 1996 (“ERA”), namely whether whistleblowing provisions could apply in respect of co-workers employed by the UK government but seconded to the international European Union…
The Regulation establishing the European Labour Authority (‘ELA’) was recently adopted by the European Parliament and the Council and will shortly come into force. It is expected that the ELA will be up and running by the autumn. The ELA is one of many measures which are being introduced as a result of the European…
Introduction This blog constitutes the third instalment in a series of blogs about the nature of work and the purpose of labour regulation, with a specific focus on work in the EU. To recap, thus far I have argued that: All human activity is skilled activity; The hallmark of work is productivity, and hence work…
What is the scope for freedom of expression in globalization? Regulating for Globalization focuses on its namesake with an emphasis on trade, labour and European Union law. Each of these topics can be discussed on their own. There are, additionally, topics which link each of them. It is contended that free speech is one of them….
The law of obligations and SMEs With its first released decision of 2019, the Ontario (Canada) Court of Appeal added itself to the growing list of Uber litigation Heller v Uber Technologies Inc 2019 ONCA 1. Most often, Uber drivers challenge their employment status. Largely, courts have found against Uber; drivers fall into some aspect…
While the eventual outcome of the UK’s withdrawal from the EU remains uncertain, the text of the Withdrawal Agreement (WA) offers some insight into the likely approach of the EU to labour standards in any future EU-UK relationship. The WA was accompanied by a Political Declaration on the Future Relationship. In relation to social and…
Connectivity brings a broader range of work Social media platforms connect individuals in ways that often blur the line between work and leisure. Although there has been an increase in the number of employment law cases illustrating the negative aspects of this intersection, there are opportunities within the platforms. In fact, the platforms may constitute…
Please find below the journal abstract of “The New Politics of Time” by Emily Rose published in International Journal of Comparative Labour Law and Industrial Relations, Issue 4, Volume 34 (2018) edited by Guy Davidov. New forms of temporal contestation are taking place in the world of work. UK employers are requiring from workers…
Free trade agreements (FTAs) are contractual obligations between the parties to reduce or eliminate tariffs on imports and reduce/eliminate trade restrictions in a wide array of economic sectors and services.[1] The goals of FTAs are to promote cross-border trade and investment and provide a stimulus to the economy of the trade partners. FTAs arise from…
The networked society as a new landscape for obligations The neighbour principle On 26 May 1932, the UK’s House of Lords, released its decision in Donoghue v Stevenson. This decision has been influential for tort law in the common law world. Often referred to in less austere terms such as the ‘snail in the bottle…
