Lisa Rodgers

IMMUNITY AND THE PUBLIC/PRIVATE BOUNDARY IN EU EMPLOYMENT LAW

The doctrine of ‘immunity’, whether considered in terms of state immunity (the immunity of the state against claims by embassy employees), or diplomatic immunity (the immunity of diplomatic agents against claims by their own employed staff) acts to block employment law claims and therefore prevent access to justice for certain employment law groups. This article discusses recent developments in the doctrine of immunity in the context of the jurisdictional scope of EU (employment) law. In particular, it considers two recent trends in the development of the immunity doctrine. The first trend is the erosion of the ‘absolute’ nature of state immunity and an increased willingness at both EU and national (UK) levels to consider state immunity as just one factor in the ‘balancing’ exercise associated with human rights. The second trend considered in this article is that associated with diplomatic immunity. Whilst there have been signs of a relaxation of the strict operation of this doctrine in some cases, there is also evidence of a judicial reluctance to erode diplomatic immunity in others. The article discusses the arguments put forward in both (state and diplomatic immunity) cases, and particularly what they reveal about the current understanding of the jurisdictional scope and public/private divide in EU employment law.

Labour law, Vulnerability and the Regulation of Precarious Work

The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Its logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work.

Labour Law and the ‘Public Interest’: Discrimination and beyond

This article considers the intersection between labour law and the ‘public interest’ at EU level. It focuses particularly on the recent age discrimination cases in which the right to age discrimination has been balanced with the public interest (in employment policy). The article seeks to address a number of issues. Firstly, it considers the meaning of ‘public interest’ in relation to labour law, and why this notion has only traditionally been evident in very restricted fields (particularly collective bargaining). Secondly, the article considers the derogations on ‘public interest’ grounds in relation to age discrimination legislation. On this point, the relationship between formal equality (in employment directives) and constitutional equality (in relation to the general principle of non-discrimination) in the EU is discussed. Finally, the article discusses the balance struck between formal and constitutional equality in recent age discrimination cases heard in the ECJ. It considers particularly the effect on this balance of the margin of appreciation afforded to member states in the regulation of economic and social affairs.