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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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