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

Alan Bogg*

*Corresponding author for this work

Research output: Contribution to journalArticle (Academic Journal)peer-review

1 Citation (Scopus)
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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 languageEnglish
Pages (from-to)509-538
Number of pages30
JournalModern Law Review
Volume81
Issue number3
Early online date1 May 2018
DOIs
Publication statusPublished - 1 May 2018

Keywords

  • employment status
  • worker
  • Gig Economy
  • fundamental rights
  • access to a court

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