One year on from the President’s Dinner, what has changed? | Employment Law Blog

Nothing has changed and yet everything has changed. One year on from the President’s Club dinner in London and some 15 months since Alyssa Milano kick-started the #MeToo movement on Twitter in October 2017, some have questioned what has actually changed in practice. After all, there has been no culture-changing legislation as we have had in recent years with disability and age, and the concept of sexual harassment has existed since the 1980s. But in reality, there has been nothing less than a revolution with regards to what is, and…

Q and A on the legal issues of asylum-seekers crossing the Channel

Professor Steve Peers, University of Essex* *Supported by an ESRC Priority Brexit Grant on ‘Brexit and UK and EU Immigration Policy’. Cynical politicians, aided by an uncritical media, aim to manufacture a moral panic from a modest number of people crossing the Channel. Be that as it may, these crossings raise a number of legal issues. There’s already a good discussion of many of them in the Free Movement blog, but I think it might also be useful to address some legal issues here, in a question and answer format.…

applying the EU Directive on non-EU long-term residents

Professor Steve Peers, University of Essex* *Supported by an ESRC Priority Brexit Grant on ‘Brexit and UK and EU Immigration Policy’. This blog post is based on part of chapter 6 of the 4th edition of my book on EU Justice and Home Affairs Law; I have updated it, abridged it, and added a discussion of the issues unique to UK citizens. What happens to UK citizens in the EU27 after Brexit, if they have been living in an EU27 country for some time? If the proposed withdrawal agreement is…

Dispute settlement and the Brexit withdrawal agreement

Professor Steve Peers, University of Essex One of the more contentious issues in the Brexit withdrawal agreement is dispute settlement, in particular whether the Court of Justice of the European Union (CJEU) still retains jurisdiction regarding the UK. This blog post first presents an overview of the issue, and then a detailed annotation of all the provisions in the withdrawal agreement relating to dispute settlement and the CJEU. This is the third in a series of blog posts on the details of the withdrawal agreement: the first two posts in…

Brexit II? The legal issues of revoking the notification to leave the EU but then notifying to leave again

EU Law Analysis: Brexit II? The legal issues of revoking the notification to leave the EU but then notifying to leave again Brexit II? The legal issues of revoking the notification to leave the EU but then notifying to leave again Ronan McCrea, Professor of Constitutional and European Law, University College London The CJEU ruling in the Wightman case (discussed here) has provided important additional information in relation to the Brexit process. The Court accepted arguments first made by Piet Eeckhout and Eleni Frantziou that notification of an intention to…

Devolved powers and EU withdrawal: Scotching the worst impacts of Brexit?

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 modern concept of Devolution in the United Kingdom was devised, created and implemented in the general context and expectation of continued UK membership of the European Union. Scotland, Wales and Northern Ireland were all granted various levels of legislative and executive autonomy under a set of constitutional statutes of the UK Parliament (Scotland Act 1998(SA 1998), Government of Wales Act 1998 (GOWA 1998)(now the Government of Wales Act 2006 (GOWA…

Anonymity in CJEU cases: privacy at the expense of transparency?

Peter Oliver, Barrister, Monckton Chambers; Visiting Professor, Université Libre de Bruxelles Juliet famously asked: “Romeo, Romeo wherefore art thou Romeo?”  And then adds: “What’s in a name? That which we call a rose by any other word would smell as sweet.”  Having an unfortunate name (like Montague, if you have the misfortune to fall in love with a Capulet) can be challenging.  But what about having no name?  That can be decidedly problematic too.  That is why both the Strasbourg and the Luxembourg courts have recognised a person’s fundamental right to…

The Global Compact for Migration: cracks in unity of EU representation

Pauline Melin, PhD, Lecturer in European Law (Maastricht University) and Researcher at the Institute for European Law (KULeuven) Today, the UN Global Compact for Safe, Orderly and Regular Migration is meant to be approved by an intergovernmental conference in Marrakesh with the purpose to be adopted on the 19th December 2018 as a Resolution of the UN General Assembly in New York. The debate over the adoption the Global Compact for Migration has been politically polluted. Since the end of October 2018 and the withdrawal of Austria, a Member State…

Ted Baker’s ‘forced hugs policy’: Lessons for other employers | Employment Law Blog

The instance of Ted Baker offers some important lessons to other employers as they seek to update their approach in a post-#MeToo​ era. Richard Fox writes for HR Magazine.  One can only imagine what it was like for the HR department at Ted Baker last week, where the employee petition against a ‘forced hugs policy’ has focused much attention on the company’s culture. The matter is currently the subject of a ‘thorough and urgent independent external investigation’ according to a company press statement released on 3 December. However, what is…

you can U-turn if you want to. The CJEU judgment in Wightman

Professor Steve Peers, University of Essex Today’s Full Court judgment in the Wightman case confirms that the UK can unilaterally withdraw its notification that it intends to leave the EU, on the most generous possible terms. It broadly follows last week’s non-binding opinion from an Advocate-General, discussed here. (See also the discussion here of the national court background to the proceedings, and the discussion here of the arguments for and against unilateral revocability. The EU courts have also ruled on a challenge to the withdrawal agreement negotiations in Shindler, and on the UK’s current status as…