scholarly journals Employees, workers and the ‘sharing economy’ Changing practices and changing concepts in The United Kingdom

2017 ◽  
Vol 6 (1-2) ◽  
pp. 16 ◽  
Author(s):  
Mark Freedland ◽  
Jeremias Prassl

Abstract: Recent years have seen a radical shift in the practice and profile of the labour economy in the United Kingdom consisting in the considerable growth of the so-called ‘Sharing Economy’ or ‘Gig Economy’, better identified as the ‘On-demand Economy’. From that starting point, it is argued that a corresponding change seems to have occurred in the set of concepts which the labour/ employment law of the United Kingdom uses to analyse and to characterize the work relations and work contracts which are created, made, and operated within this rapidly growing sector of the labour market. Two recent high-profile Employment Tribunal decisions in the Uber and Citysprint cases, and a decision of the Court of Appeal in this same area in the Pimlico Plumbers case have served to confirm the legislative creation of a third intermediate category of ‘workers’ who benefit from a set of employment rights which is more limited than that enjoyed by employees but which is nevertheless very important. This crystallization of labour law’s newly tripartite taxonomy of work relations has occurred very largely in the context of the on-demand economy, and is beneficial to those located in that sector. This is, however, a rather fragile conceptual structure.Keywords: employees, workers, ‘sharing economy’, ‘on-demand economy’, recent cases in UK.

Author(s):  
Paul Craig

This chapter analyzes engagement and disengagement with international institutions from the perspective of U.K. law. The first part of the chapter considers the relevant legal rules that pertain to engagement by the United Kingdom in international institutions. It is divided into three sections. The first section is directed toward dualism as understood in U.K. constitutional law, whereby an international treaty cannot take effect in national law unless it has been transformed or adopted into domestic law, thereby preventing the executive from undertaking obligations without the imprimatur of the U.K. legislature. The second section explains the U.K. constitutional rules designed to prevent the executive from ratifying an international treaty, and hence committing the United Kingdom at the international level, before Parliament has had the opportunity to consider the treaty. This area is interesting, since it reveals a shift from practice, to a convention, and then to a statutory obligation. The third part investigates the limits of dualism, connoting in this respect that the doctrinal rules explicated here apply to formal treaties, but do not cover all global regulatory rules, which can impact, de jure or de facto, on the United Kingdom. The focus in the second section of the chapter shifts to the constitutional constraints that limit the national applicability of a treaty regime that the United Kingdom has ratified. Parliament may impose constraints on delegation, which condition the legal reception in U.K. law of changes made by an international organization. There are, in addition, constitutional constraints fashioned by the courts, which can affect the acceptance of rules or decisions made by an international organization, to which the United Kingdom is a party, within the U.K. legal order, more especially where U.K. courts feel that such a rule of decision can impact adversely on U.K. constitutional identity. These judicially created constraints can be interpretive or substantive. The final part of the chapter is concerned with disengagement from international institutions. The relevant legal precepts are, to a certain degree, symmetrical with those that govern initial engagement. The basic starting point is that the executive, acting pursuant to prerogative power, negotiates withdrawal or disengagement from an international organization, and Parliament then enacts or repeals the requisite legislation to make this a legal reality in national law. Matters can, however, be more complex, as exemplified by the litigation concerning the United Kingdom’s exit from the European Union.


Significance However, there has been a notable change in the EU’s tone. In July, the European Commission unexpectedly paused legal action against the United Kingdom for an alleged breach of the NIP, and when London announced on September 6 that it was suspending key elements indefinitely, the EU’s response was muted. Impacts France is so deeply aggrieved over AUKUS that any further UK breaches of the Withdrawal Agreement could prompt a bad-tempered response. The possibility of an early assembly election in Northern Ireland would complicate EU-UK attempts to resolve the NIP issue. The exclusion of high profile, pro-EU politicians in the UK cabinet reshuffle shows how important the Brexit agenda remains for London.


2019 ◽  
Vol 10 (3) ◽  
pp. 334-338
Author(s):  
Keith D Ewing ◽  
John Hendy QC ◽  
Carolyn Jones

This short article considers the Workers (Definition and Rights) Bill drafted by the Institute of Employment Rights as a possible solution to the intractable problem of employment status in the United Kingdom, to which Countouris and De Stefano refer. It does so in the context of ILO principles of ‘universality’ and ‘effectiveness’ of labour law, and three important ILO Declarations.


2016 ◽  
Vol 17 (8) ◽  
pp. 734-753 ◽  
Author(s):  
Jeanette Steemers

Focusing on the United Kingdom, this article addresses key issues facing the international distribution industry arising from over-the-top (OTT) digital distribution and the fragmentation of audiences and revenues. Building on the identification of these issues, it investigates the extent to which U.K. distribution has altered over a ten-year period, pinpointing continuities in the destination and type of sales alongside changes in the role and structure of the industry as U.K.-based distributors adapt to a changing U.K. broadcasting landscape and global production environment. At one level, increasing U.S. ownership of U.K.-based distributors and the arrival of OTT players such as Netflix highlight the tensions between the national orientations of U.K. broadcasters and the global aspirations of independent producers and distributors. At another level, video-on-demand (VOD) has boosted international sales of U.K. drama. Although the full impact of subscription VOD (SVOD) on content and rights has yet to materialize, significant changes in the industry predate the arrival of SVOD.


Author(s):  
Catherine Johnson

The past 5 years have seen a rapid acceleration in the development of online television in the United Kingdom and beyond, with rise in ownership of Internet-connected television sets, smartphones and tablets, increased access to broadband and the growing penetration of transaction and subscription video-on-demand (VoD) services. This article asks how free-to-air terrestrial broadcasters are adapting to a media marketplace in which, according to Ofcom, on-demand television is becoming mass market, through an analysis of ITV Hub – the VoD player for the United Kingdom’s largest free-to-air advertiser-funded broadcaster. Focusing on the mature UK VoD market and the broadcaster whose business model is most threatened by online television, the article combines trade press and textual analysis to demonstrate how ITV has developed a VoD service highly structured by the logics of broadcasting. Centering its analysis on the interface for ITV Hub, the article argues that this increasingly quotidian form of television ephemera offers a vital site through which to understand the changing nature of television as a medium. The article concludes that with contemporary developments in VoD, the distinctions between linear/broadcast and non-linear/on-demand television (flow vs. file, passive viewer vs. interactive user) are breaking down in ways that challenge prevailing arguments that on-demand television can be understood as offering a distinctly different (and more empowered and interactive) experience for viewers.


2019 ◽  
Vol 32 (3) ◽  
pp. 481-490 ◽  
Author(s):  
Agnès Garcia-Ventura ◽  
Jordi Vidal

Abstract In this essay we discuss two examples of the influence exerted by the advice of scholars from the United Kingdom on the shaping and management of Spanish collections – those at the Museo de Reproducciones Artísticas de Madrid and the Real Academia de la Historia. We take as the starting point for our study two letters sent by Juan Facundo Riaño to scholars from the UK, both of which provide valuable information on the international networks in operation at a time when some collections – including those dealt with here – were being created or expanded. The first of the letters was sent by Riaño to Austen Henry Layard in 1881; the second was addressed in 1895 to Archibald Henry Sayce.


Corpora ◽  
2011 ◽  
Vol 6 (1) ◽  
pp. 77-105 ◽  
Author(s):  
Ingo Bachmann

This paper deals with the language used in the debates in both Houses of Parliament in the United Kingdom that allowed civil partnerships to take place. My aim is to uncover discourses of same-sex relationships which are accessed in British Parliament. For this purpose, a corpus of these debates was compiled and its keywords were taken as a starting point for further analysis. As different keyword lists can be calculated by comparing different data sets, I argue that the best approach in this study is to take the corpus as a whole and to compare it to a reference corpus. I then grouped the keywords thematically and analysed them in context, scrutinising collocations and concordance lines in order to see how (recurrent) uses of language construct gay and lesbian relationships. Different, rather contradicting, discourses are drawn on by different parties in the debates. We can see that discourses are often used to frame a line of argumentation.


Author(s):  
William Roche

Regulation of the medical profession has a long history in the United Kingdom but a number of high profile failures of National Health Service (NHS) organisations to deliver safe health care and the unlawful killing of more than 200 patients by one rogue doctor have led to a clamour for change. Many of these tragedies have been the subject of public inquiries and have created significant public disquiet about the role and effectiveness of the medical regulator. United Kingdom governments have responded to these inquiries by means of a combination of strengthening professional regulation and the introduction of new mechanisms of appeal against the sanctions imposed on doctors by tribunals. The historical development of medical regulation is reviewed and the more recent changes to address the public interest and crises in the confidence in the regulation of health care are described.


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