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Employment law brief: 16 July 2021

16 July 2021 / Ian Smith
Issue: 7941 / Categories: Features , Employment , Discrimination
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Bargaining rights denied: Ian Smith reports on Deliveroo drivers, detriments & debatable opinions
  • Reconsideration of the defence of illegality in employment cases.
  • The application of the European Convention on Human Rights: arts 11 and 17.

The last month has been a busy one in both the Employment Appeal Tribunal (EAT) and the Court of Appeal on employment issues. The first case considered concerns a purely common law point on how the general doctrine of illegality is to be applied to employment cases. However, the other three cases concern the application of the European Convention on Human Rights (ECHR), but with interestingly mixed results. In the second case, the Court of Appeal declined to apply Art 11 to help the Deliveroo riders and their union in claiming bargaining rights. On the contrary, in the third case the EAT relied at least in part on the little-used art 17, and in the fourth case the EAT held that Art 11 did apply in order to extend protection from union-related detriment

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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