[IER] Govt ‘may quash dissent’ with Judicial Review reform

Fri Jul 23 18:08:06 BST 2021

News brief - 23/07/21                                                                            <https://us12.campaign-archive.com/?e=__test_email__&u=f121e48a8bb6d3101590c12d3&id=9b0885b2c1> View this email in your browser 

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Govt ‘may quash dissent’ with Judicial Review reform

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The government, on Wednesday (21 July 2021), punlished its Judicidal Review and Courts Bill, which experts warn could imperil the right of citizens to hold power to account. 

If passed, the legislation would mean that when the Courts rule a government action to be unlawful, they can suspend action against policymakers instead of requiring immediate cessation of the unlawful act.

Judges may also have the power to decide that the government does not need to retrospectively compensate for unlawful actions.

The Bill also proposes to ban Cart Judicial Reviews – a practice whereby immigration and asylum claimants can bring a case to the High Court when their request for appeal has been refused by both first and first-tier and upper tribunals.

Stephanie Boyce, President of the Law Society, warned this “may set a precedent for government to give itself the power to remove certain types of cases from the scope of judicial review, which would effectively spawn a new breed of ouster clause.”

Over 220 organisation have come together in what is believed to be the largest coalition on record to rail against the government's the Bill as well as the proposed changes to the Human Rights Act. 

 <https://www.ier.org.uk/news/govt-may-quash-dissent-with-judicial-review-reform/> Read the full report 

EVENT: In Conversation: 'The Shadow of the Mine'

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29 July 2021 – 6:00 pm
FREE 

About this event

No one personified the age of industry more than the miners. A new book tells the story of King Coal in its heyday – and what happened to mining communities after the last pits closed. British politics now revolves around the coalfield constituencies that have lent their votes to the Conservatives. What will the future bring?

Come and join the conversation between the author and two giants of the labour movement.

Speakers

Professor Huw Beynon, Cardiff University and author of The Shadow of the Mine

Professor Keith Ewing, IER President

Lord John Hendy QC, IER Chair

Chaired by Carolyn Jones, IER Director

 <https://us02web.zoom.us/webinar/register/WN_4ZMi2rIpSvO1tUatCLu7cw> Book your place 

 <https://www.ier.org.uk/wp-content/uploads/IER.AdvertisingSheet.V7.Feb21.pdf> 

Low-cost advertising with the IER

The IER is proud to launch a programme of low-cost advertising to trade unions and the organisations that wish to reach them as a means of supporting our charitable aims.

For just £50, you can have your image in our newsletter, with a link to your website, campaign, event or service, and a coloured box of text - just like this - all about you.

 <https://www.ier.org.uk/wp-content/uploads/IER.AdvertisingSheet.V7.Feb21.pdf> Read more 

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COMMENT: Why legislation is needed to stop fire and rehire

Barry Gardiner MP says the government agrees that fire and rehire tactics are wrong, but has refused to outlaw them.

 <https://www.ier.org.uk/comments/why-legislation-is-needed-to-stop-fire-and-rehire/> Read full story 

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With privatisation “caring relationships become impossible”, Lord Hendy QC tells the House

Lord John Hendy QC told the House of Lords that the Elderly Social Care (Insurance) Bill does not respond to the crisis in social care.

 <https://www.ier.org.uk/news/with-privatisation-caring-relationships-become-impossible-lord-hendy-qc-tells-the-house/> Read full story 

WATCH: Human rights and employment rights

 <https://www.youtube.com/watch?v=sz72-VSuLsI> 

Human rights at work and the right to privacy are rising to the forefront of workers' concerns, with employers often taking advantage of weak laws to intrude further in to the personal lives of their staff. The employer intends to squeeze more out of its workforce and artificially boost productivity, but little or no thought is given to whether this is sustainable for the worker, their lifestyle, or their mental health.

This situation has been worsened by the increasing ubiquity of social media, with posts made by workers used as ammunition against them by bad employers both during recruitment, disciplinaries and dismissals.

Despite a human right to privacy within one's home, employers have been monitoring staff working remotely during the pandemic using technologies such as keystroke logging software, instant messaging applications, and webcams.

Other more broad implications for human rights arise out of potential infringements on human rights through exploitative clauses in trade deals.

Join us to discuss these problems and potential solutions.

Speakers

Dr Philippa Collins, University of Bristol will be discussing The Human Right to privacy and the future of work.

Professor Keith Ewing, IER President will be talking on Trade & Cooperation agreement & future of labour law.

Josie Irwin, UNISON National Womens Officer is going to talk on Women, equality and working from home: Bargaining for the best homeworking arrangements.

Chaired by Carolyn Jones, IER Director

 <https://www.youtube.com/watch?v=sz72-VSuLsI> FREE: Watch the seminar 

Featured publication

 <https://www.ier.org.uk/product/labour-law-highlights-2021/> 

Our Labour Law Highlights publication takes a stroll through the main judicial and statutory highlights of the previous year. In this case, the year under review will be for ever remembered as the Covid year.

The public health crisis and the ensuing lockdowns go someway to explaining the relative brevity of this year’s report: politicians were focused on the pandemic and keeping the economy turning, while the number of court cases was substantially reduced as courts – like many workplaces – adjusted to working on-line.

Covid-19 also helped expose some of the fundamental weaknesses in the UK’s employment law and our authors turn their legal eyes to a range of these issues including industrial action, redundancy, TUPE, whistleblowing and equalities.

Of particular interest this year is the question of the employment status of workers in the gig economy. Issues reflected upon include the exclusion of gig workers from the job retention scheme (furlough), whether gig workers should be covered by health and safety protections and, in a case that went all the way up to the Supreme Court, how the definition of ‘worker’ should be determined, the outcome of which decides who is entitled to the minimum wage, paid holidays and rest breaks.

 <https://www.ier.org.uk/product/labour-law-highlights-2021/> Read more 

IER and Covid-19

Due to the rapid spread of the coronavirus disease and the need to keep our staff, supporters and speakers safe, IER is holding all events online until further notice.

IER staff will continue to work, but remotely from home. We will answer emails, produce publications and circulate our weekly News Briefs and other on-line information. However, phone calls to the office or mail sent by post will not receive immediate attention.

We apologise for any inconvenience caused and wish you all best wishes during this difficult time.

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