The Common Law Constitution at Work: R (on the application of UNISON) v lord chancellor

Alan Bogg

doi:10.1111/1468-2230.12343

The Common Law Constitution at Work: R (on the application of UNISON) v lord chancellor

Alan Bogg^*

^*Corresponding author for this work

University of Bristol Law School

Research output: Contribution to journal › Article (Academic Journal) › peer-review

1 Citation (Scopus)

235 Downloads (Pure)

Abstract

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.

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	https://doi.org/10.1111/1468-2230.12343 https://doi.org/10.1111/1468-2230.12343
Publication status	Published - 1 May 2018

Keywords

employment status
worker
Gig Economy
fundamental rights
access to a court

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