The lecture explored the constitutional significance of the recent UNISON decision on tribunal fees - in which Professor Michael Ford QC appeared as Counsel - and its implications for 'employment status' litigation in the Gig Economy.

The event was chaired by Eady HHJ. Other speakers included Mr Matthew Taylor, who led the recent Taylor Review on the future of work, and Bean LJ.

In his presentation, Professor Bogg set out his arguments in a forthcoming article in the Modern Law Review, which are being used in the forthcoming Supreme Court case on employment status, Pimlico Plumbers v Smith.

The article’s abstract reads:

“This article considers the radical significance of Supreme Court’s judgment in R (On the Application of UNISON) v Lord Chancellor 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 potential to generate 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.”