Two years after #MeToo: is there a case for banning relationships at work? | Employment Law Blog

The current discussion around the dismissal of McDonald’s boss, Steve Easterbrook has focused attention on a very important point. Just what should employers be doing to ensure their workplaces reflect the current mood and culture around banishing sexual misconduct and sexual harassment?  This has been a pressing issue ever since the start of the #MeToo movement at the end of 2017.  There has been a whole slew of high profile related cases since then, which have indicated employers have a long way to go before the problem is under control.  Steve…

The Application of Ordinary EU law

Professor Steve Peers, University of Essex Should the EU sanction its Member States for systematic breaches of human rights and the rule of law – and if the answer is yes, how should it do so? This is the second of three blog posts discussing this issue. The first post examined the formal process set up to sanction Member States to this end: Article 7 TEU. As I discussed there, this process – which could lead to suspension of some aspects of EU membership for a Member State – is…

the third extension of EU membership

Professor Steve Peers, University of Essex This was the extension that was never meant to happen. Despite the Benn Act (discussed here), requiring the Prime Minister to request a three-month extension of EU membership if a withdrawal agreement was not approved by Parliament by October 19, the Prime Minister said he would “die in a ditch” before he did so. Spurred on by mysterious Downing Street sources, there was endless talk that the Benn Act was unconstitutional, full of loopholes, would be overridden by emergency powers, or violated EU law.…

the political declaration on the EU/UK future relationship

Professor Steve Peers, University of Essex In the event that Brexit goes ahead on the basis of the revised withdrawal agreement, what would the future post-Brexit relationship of the UK and the EU be? The issue is dealt with in a revised political declaration on the future relationship, which (like the main agreement) was altered in the recent renegotiations between the UK and the EU. While it would not be binding as an international treaty (it refers throughout to future negotiations, and largely avoids imperative language), the political declaration is…

detention conditions and the applicability of the ECHR in the EU legal order

EU Law Analysis: Plot twist? Case C-128/18 Dorobantu: detention conditions and the applicability of the ECHR in the EU legal order Plot twist? Case C-128/18 Dorobantu: detention conditions and the applicability of the ECHR in the EU legal order Ágoston Mohay, University of Pécs Faculty of Law The EU legal order is generally seen as a sui generis supranational legal order, separate from both international law and national law. Within this legal order, the protection of fundamental rights takes a prominent place: based on Article 6 TEU, the EU’s fundamental…

Who takes back control? Parliamentary prorogation in the courts

Alan S. Reid, Senior Lecturer in Law, Sheffield Hallam University. The author welcomes comments on the blog at a.s.reid@shu.ac.uk. Lord Doherty, gave his eagerly anticipated judgment on Wednesday morning in the Outer House of the Court of Session. The judgment in Cherry [2019] CSOH 70 was a legal blow for the 79 petitioners and the wider Remain Alliance. Lord Doherty had been asked by the petitioners to rule on the legality or otherwise of Prime Minister Johnson’s advice to the Queen to Prorogue Parliament sometime between the 9th and 12th of…

Conflicting judgments in England and Scotland

EU Law Analysis: Prorogation of Parliament: Conflicting judgments in England and Scotland Prorogation of Parliament: Conflicting judgments in England and Scotland Alan S. Reid, Senior Lecturer in Law, Sheffield Hallam University. The author welcomes comments on the blog at a.s.reid@shu.ac.uk. The A-Z of Scots Law: From Avizandum to the Zany Antics of Boris Johnson The recent, zany antics of Prime Minister Boris Johnson are being subject to intense interrogation by the Scottish legal system. The case of Cherry has seen the decision to prorogue the UK Parliament declared unlawful and the…

Third Time Lucky? The new law on extension of UK membership of the EU

Professor Steve Peers, University of Essex One of the many recent controversies about the Brexit process has been about the ‘Benn-Burt bill’, a new Act of Parliament that was fast-tracked through the legislative process earlier in September against the government’s wishes. It requires the Prime Minister to request a further extension of the UK’s EU membership; he has said that he will not do so. Some believe (wrongly) that the new law bans a ‘no deal’ exit from the EU. To explain and analyse the new law, given the broad…

the CJEU delivers the obvious conclusion

Professor Steve Peers, University of Essex What happens when an EU citizen moves to another Member State, and has a baby? New parents likely face some sleepless nights in any event; but should new mothers in particular lose further sleep at the prospect of losing their status under EU free movement law? The CJEU, having ruled on this issues as regards employed new mothers in 2014 (the Saint-Prix judgment, discussed here), has now extended its case law to cover self-employed women who take a maternity break, in its recent judgment…

Private Schools and the Politicization of Treaty Obligations

EU Law Analysis: Private Schools and the Politicization of Treaty Obligations Private Schools and the Politicization of Treaty Obligations Dr Kasey McCall-Smith, Senior Lecturer in Public International Law, University of Edinburgh The 2019 Labour Party Annual Conference has received more than usual attention this year, notably its resolution to end private schools in the UK. Not for the first time this year, the fervour of politicians must be checked against the realities of the law, specifically international and human rights law. In March, Theresa May offered a unilateral statement to the…