The Common Law Constitution at Work: R (on the Application of UNISON) v Lord Chancellor

18 Pages Posted: 3 May 2018

Date Written: May 2018

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.

Keywords: employment status, worker, Gig Economy, fundamental rights, access to a court

Suggested Citation

Bogg, Alan L., The Common Law Constitution at Work: R (on the Application of UNISON) v Lord Chancellor (May 2018). The Modern Law Review, Vol. 81, Issue 3, pp. 509-526, 2018. Available at SSRN: https://ssrn.com/abstract=3172374 or http://dx.doi.org/10.1111/1468-2230.12343

Alan L. Bogg (Contact Author)

University of Bristol ( email )

WIlls Building
Queens Road
Bristol, BS8 1RJ
United Kingdom

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