Image by Mohamed Hassan from Pixabay 1. Introduction Can a moment have heat?  As time lacks mass, not literally.   Yet we understand the metaphor of the distraction of intense heat.  Under pressure, angry, anxious, or upset people say things that they do not really mean.  Or, more precisely, they do mean them at that moment of intense heat, but we understand that their words exaggerate their feelings.  When the moment has passed and they have had time to cool down, they regret their hot, angry, impulsive insults and decisions.  Contracts of employment sometim ..read more

Image by Freepik 1. Introduction Questions are being raised about the role of the law in dealing with issues associated with the menopause in the workplace following the recent publication by the Equality and Human Rights Commission (EHRC) of the Guidance on the Menopause for Employers. The Guidance refers to the possibility of using discrimination law, in particular the disability provisions, to help women request adjustments in the workplace, and claim harassment if they are subject to unwelcome comments or behaviours because of the symptoms they are experiencing. This blog considers how the ..read more

*Title from “Substitute”, The Who: The Who – Substitute (youtube.com) Image by 6581245 from Pixabay 1. Introduction The Clapham omnibus passes perilously close to a cyclist toiling along with a big turquoise box on his back.  The passengers see the kangaroo logo, and when the  conductor asks, “Who is he working for?” they chorus as one: “Deliveroo!”  Simple.  Except no, it turns out that the legal position is more complicated than that. In November 2023 the Supreme Court held that Deliveroo delivery riders are not “workers” in an employment relationship with the company, me ..read more

Image by Firmbee from Pixabay 1. Introduction In the context of the UK Covid inquiry, employment law barrister, Jason Braier, commented on social media: Employees are often told that when they draft emails they should keep in mind that they could be read out in court any day. The Covid Inquiry hopefully highlights that WhatsApp messages related to work should also be drafted with the same possibility in mind. For many, this prospect is frightening. We may realise that Facebook or Twitter/X activity may lead to disciplinary action or dismissal, as well as the legal challenges in that front. H ..read more

Image by 6581245 from Pixabay 1. Introduction In September 2023, the government finally took concrete steps to remove the ‘family worker exemption,’ a legislative provision that has sanctioned exploitation of live-in domestic workers by obstructing a clear entitlement to payment of the National Minimum Wage (NMW). The National Minimum Wage (Amendment) (No 2) Regulations 2023 are due to come into force on 1 April 2024, repealing the exemption that is currently contained in regulation 57(3) of the NMW Regulations 2015. That exemption provides that ‘work’ does not include ‘any work done by a work ..read more

In May 2023, the University of Oxford Bonavero Institute of Human Rights hosted an event to mark the publication of the book Structural Injustice and Workers’ Rights, by Virginia Mantouvalou. Speakers at the event were Bridget Anderson (University of Bristol), Shreya Atrey (University of Oxford), Samantha Currie (Liverpool University), Emily Kenway (Edinburgh University), Virginia Mantouvalou (UCL) and Maayan Niezna (University of Oxford), with Manoj Dias-Abey (University of Bristol) as chair. The recording of the event is available here. This Blog symposium contains contributio ..read more

Image from Mina Karenina, Hookers Against Harddship 1. Introduction For the past year, unions have dominated the headlines. Seemingly unending economic and political turmoil has culminated in a wave of industrial action unprecedented since the Thatcher-era. Soaring living costs, real-terms wage cuts, and unsustainable workloads have left workers in countless industries feeling compelled to strike. Even the Royal College of Nursing voted in favour of industrial action for the first time in its 106-year history. In response, the UK government has repeatedly interfered with the Article 10 and Art ..read more

Image by shameersrk from Pixabay Following the High Court judgment of 27th April in Secretary of State for Health and Social Care v Royal College of Nursing in favour of the Secretary of State, I have provided the following update to my earlier blog post containing some reflections on the reasoning behind the judgment. The Royal College of Nursing (“the RCN”) has served notice on National Health Service employers in England that its members (nurses, midwives, health care assistants and nursing students) will take strike action from 8 pm on Sunday 30th April until 8pm on Tuesday 2nd May 2023. O ..read more

Image by shameersrk from Pixabay The Royal College of Nursing (“the RCN”) has served notice on National Health Service employers in England that its members (nurses, midwives, health care assistants and nursing students) will take strike action from 8 pm on Sunday 30th April until 8pm on Tuesday 2nd May 2023. On the 21st April 2023, it was reported that the Secretary of State for Health had indicated an intention to apply for an injunction to prevent this strike on the basis that it is unlawful – an argument disputed by the RCN The argument that the NS Employers requested that the Government m ..read more

Image by LuckyLife11 from Pixabay 1. Introduction Nearly five years on from the Women and Equalities Select Committee Report on Sexual harassment in the workplace (HC 725, 25 July 2018), three and a half years after the Government’s Consultation on sexual harassment in the workplace (GEO, Summer 2019) and nearly two years (post-Covid-hiatus) of the Government’s response to that consultation (GEO, 21 July 2021), the House of Lords is currently considering changes to employment (and separately public) harassment legislation. The Worker Protection (Amendment of Equality Act 2010) Bill, introduced ..read more