Bringing the Right to Strike Home: Secretary of State for Business and Trade v Mercer – Part 2
The first part of this blog outlined the facts and decision in the Supreme Court case, Secretary of State for Business and Trade v Mercer, as well as the approach...
Bringing the Right to Strike Home: Secretary of State for Business and Trade v Mercer – Part 1
Individual strikers are protected from dismissal where they are dismissed for participating in ‘protected’ (i.e lawful and official) industrial action, under s. 238A of the Trade Union and Labour Relations...
Neither Leftovers nor Crumbs: Misunderstanding the Right to Food in India
One of the most enterprising initiatives undertaken by the Supreme Court of India (the Court) has been the recognition of a legal standalone right to food which mandates the government...
The Indian Telecommunication Act, 2023: A Beacon of Security or a Shroud on Liberty?
With the enactment of the Telecommunication Act 2023 (“Act”), there has been a tectonic shift in India’s telecommunication landscape. The Act supersedes the Indian Telegraph Act 1885 and the Indian...
A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon
In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the...
Religious Discrimination, Headscarves and ‘exclusive neutrality’: backsliding by the CJEU
In OP v Commune d’Ans the Court of Justice of the European Union (CJEU) returned to religious discrimination and headscarves, this time in the public sector workplace. Although the CJEU...
Mainstreaming Merits Review: Kenya’s Court of Appeal Further Clarifies the Scope of Judicial Review Law
On 10 November 2023, the Kenyan Court of Appeal delivered its judgment in Patrick Kabundu & Another v County Government of Mombasa, offering additional clarity on considerations guiding the court’s...
The Shell Case: A Viable Path to Establish Corporate Climate Responsibility?
On 26 May 2021, The Hague District Court in the Netherlands ordered energy giant Shell to reduce the CO2 emissions of the Shell group by net 45% in 2030 relative...
Taken for a Ride, Again: Deliveroo Riders in the Supreme Court
Last week’s ruling in Independent Workers Union of Great Britain v Central Arbitration Committee came as a great surprise to many employment lawyers: the Supreme Court unanimously held that Deliveroo...
Balancing Workers’ Rights and Organisational Changes: The Gray Areas of Section 9A
Section 9A of India’s Industrial Disputes Act 1947 aims to strike a delicate balance between protecting workers’ rights and allowing organisational flexibility during changes to conditions of service. However, inherent...
The Supreme Court’s Rwanda Judgment: What Now for the Government?
All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of...
Parental Leave, Equality and Dignity in South Africa: One Step Forward, Two Steps Back
On 25 October 2023, the Johannesburg High Court of South Africa in Van Wyk v Minister of Employment and Labour [2023] ZAGPJHC 1213 declared certain provisions of the Basic Conditions...
