Research output: Contribution to journal › Article
| Original language | English |
|---|---|
| Pages (from-to) | 509-538 |
| Number of pages | 30 |
| Journal | Modern Law Review |
| Volume | 81 |
| Issue number | 3 |
| Early online date | 1 May 2018 |
| DOIs | |
| Date | Accepted/In press - 15 Dec 2017 |
| Date | E-pub ahead of print - 1 May 2018 |
| Date | Published (current) - 1 May 2018 |
| Additional links |
This note considers the radical significance of Supreme Court’s judgment in R (on the Application of UNISON) v Lord Chancellor (UNISON) on the unlawfulness of tribunal fees. It argues that the decision marks the coming of age of the ‘common law constitution at work’. The radical potential of UNISON lies in its generation of horizontal legal effects in disputes between private parties. Recent litigation on employment status in the ‘gig economy’ is analysed through the lens of UNISON and common law fundamental rights. The note identifies the various ways in which the common law tests of employment status might be ‘constitutionalised’ in the light of UNISON.
