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16 July 2021 / Ian Smith
Issue: 7941 / Categories: Features , Employment , Discrimination
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Employment law brief: 16 July 2021

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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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