By Katie Lancaster of Farrer & Co.
Well, well, well – Ian, the Black Cab Driver, who was born just off the Caledonian Road and who drove me home from the office late last night you are absolutely correct – the Employment Tribunal “is not silly”, they know what a taxi driver is when they see one and, most significantly, they have decided that Uber drivers are not genuinely self-employed and are in fact “workers”.
The Employment Tribunal did not go so far as to say that the two Uber drivers were working in conditions of “modern-day slavery”, as suggested by Ian, and they were not asked to determine whether or not the Uber drivers were employees, but they did agree with Tom Linden QC’s arguments that the two Uber drivers who brought their case are “workers” within the meaning of s.230 of the Employment Rights Act 1996.
The significance of this judgment is that as workers, Uber drivers will be entitled to:
- 5.6 weeks’ paid annual leave per year (equivalent to 28 days’ leave including Bank Holidays)
- a maximum 48 hour average working week
- statutory minimum daily and weekly rest breaks
- the national minimum wage and national living wage
- protection under the ‘whistleblowing’ legislation
- protection against unlawful discrimination
- not to be treated less favourably if they work part time
- protection against unlawful deductions from wages
Workers do not have the same rights as employees, as workers are not entitled to statutory employment rights such as: unfair dismissal, statutory redundancy payments or TUPE protection. Even so, the implications for Uber are significant in that a requirement to pay a driver the minimum wage and 5.6 weeks’ holiday per year is not to be sniffed at – particularly given the sheer volume of Uber drivers on the roads in the UK.
It is inconceivable that Uber will not seek to appeal this decision, I believe they have already said that they will appeal, and the appeal will be fascinating to follow. In the meantime, this decision will also have far broader significance than Uber drivers, as the “gig-economy” spreads far and wide and there is no doubt that the significance of this case will be picked up by anyone working under similar terms and conditions. Following hot on the heels of the announcement earlier this month that the Prime Minister has engaged Matthew Taylor (previously head of the No 10 Policy unit under Tony Blair) to lead a review of workers’ rights and practices, this case comes at a particularly relevant time and will be followed closely.
I do not normally recommend reading Employment Tribunal decisions as the most pleasurable way to spend a Friday evening, but on this occasion I commend it to you. Following a quick skim-read of the decision it has something for everyone: excellent arguments made by Mr Reade (for Uber) and Mr Linden (for the drivers, supported by the GMB union), a hard fought legal dispute, a David vs Goliath struggle and victory for the underdog, brilliantly summed up by the Tribunal Judge Mr Aslam in, at times, highly amusing terms, quoting Shakespeare – Hamlet’s mother no less. If nothing else, for anyone who intends to take a taxi within the next 12 months, I suspect it will be essential reading!
I will leave you with my favourite quote from the Employment Tribunal’s Decision in paragraph 87:
“We have been struck by the remarkable lengths to which Uber has gone in order to compel agreement with its (perhaps we should say its lawyers’) description of itself and with its analysis of the legal relationships between the two companies, the drivers and the passengers … Reflecting on the Respondents’ general case, and on the grimly loyal evidence of Ms Bertram in particular, we cannot help being reminded of Queen Gertrude’s most celebrated line:
“The lady doth protest too much, methinks“. Hamlet, Act III, sc2.
Employment law is brilliant. It is real, it is relevant, and it is alive and kicking.
Link to the case can be found here.
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Peter Tatchell once again demonstrates his fairness, generosity of spirit and commitment to freedom of expression:
Ashers Baking Company refused to make this cake
The law should not compel businesses to aid political messages
London & Belfast – 24 October 2016
The Appeal Court in Belfast has today ruled that a local Christian-run business, Ashers Bakery, was wrong to refuse to decorate a cake with a pro-gay marriage message.
“This verdict is a defeat for freedom of expression. As well as meaning that Ashers can be legally forced to aid the promotion of same-sex marriage, it also implies that gay bakers could be forced by law to decorate cakes with homophobic slogans,” said human rights campaigner Peter Tatchell, Director of the Peter Tatchell Foundation.
“It seems that businesses cannot now lawfully refuse a customer’s request to propagate a message, even if it is a sexist, xenophobic or anti-gay message and even if the business has a conscientious objection to it.
“Although I strongly disagree with Ashers opposition to marriage equality, in a free society neither they nor anyone else should be compelled to facilitate a political idea that they oppose.
“Ashers did not discriminate against the customer, Gareth Lee, because he was gay. They objected to the message he wanted on the cake: ‘Support gay marriage.’
“Discrimination against LGBT people is wrong and is rightly unlawful. But in a free society, people should be able to discriminate against ideas they disagree with. I am saddened that the court did not reach the same conclusion.
“The judgement opens a can of worms. It means that a Muslim printer could be obliged to publish cartoons of Mohammed and a Jewish printer could be required to publish a book that propagates Holocaust denial. It could also encourage far right extremists to demand that bakers and other service providers facilitate the promotion of anti-immigrant and anti-Muslim opinions.
“What the court has decided sets a dangerous, authoritarian precedent that is open to serious abuse.
“Discrimination against people should be illegal but not discrimination against ideas and opinions,” said Mr Tatchell.
Read Peter Tatchell’s detailed reasoning as to why he changed his mind on the Ashers case (he initially supported the verdict against them) and why he opposes the new legal ruling:
Why I changed my mind on the Ashers gay cake row
The law should not require bakers to aid the gay marriage campaign
By Peter Tatchell
Like most gay and equality campaigners, I initially condemned the Christian-run Ashers Bakery in Belfast over its refusal to produce a cake with a pro-gay marriage slogan for a gay customer, Gareth Lee.
I supported his legal claim against Ashers and the subsequent verdict, which last year found the bakery guilty of discrimination. My reasons for supporting Gareth’s claim were:
1. Ashers had falsely advertised their services, saying they were willing decorate their cakes with any message that a customer wanted. They did not say there were any limits on the designs or wording.
2. I feared that Ashers actions could open the flood gates to allow sectarian loyalist-republican discrimination and discrimination against women, LGBTs and other minorities – and their points of view.
But I later changed my mind. Much as I wish to defend the LGBT community, I also want to defend freedom of conscience, expression and religion.
While Christian bed and breakfast owners and civil partnership registrars were clearly wrong to deny service to gay people, this case is different. It is about the refusal to facilitate an idea – namely, support for same-sex marriage.
I will continue to oppose the proposed “conscience clause” in Northern Ireland. It is intended to allow discrimination against LGBT people. I do not accept that people of faith should be permitted by law to deny service to LGBTs – or anyone else. Discrimination against people is never acceptable.
The whole saga began in 2014 when Ashers said they were not willing to ice a cake with the words “support gay marriage” and the logo of the equality group, Queer Space; claiming it was contrary to their Christian beliefs to promote homosexuality and gay marriage.
This struck many of us as discrimination based on religious-inspired homophobic prejudice. Ashers believe that the relationships of lesbian, gay, bisexual and transgender (LGBT) people are wrong and should not be eligible for the status of marriage. They translated these beliefs into action and declined to make the cake. Ashers would have decorated a cake with a message celebrating traditional heterosexual marriage and promoting a Christian organisation. Surely this was an example of clear-cut anti-gay discrimination?
Gareth Lee’s legal case against Ashers was backed by the Equality Commission of Northern Ireland. It argued that the bakery’s actions breached the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 and The Fair Employment and Treatment (NI) Order 1998, which prohibit discrimination in the provision of goods, facilities and services on the respective grounds of sexual orientation and political opinion.
A Belfast court last May agreed and found Ashers guilty of discrimination on both grounds; ordering them to pay Gareth £500 compensation.
I profoundly disagree with Asher’s opposition to same-sex love and marriage, and support protests against them. They claim to be Christians and followers of Jesus. Yet he never once condemned homosexuality. Moreover, discrimination is not a Christian value. Ashers’ religious justifications are, to my mind, theologically unsound.
Nevertheless, on reflection, the court was wrong to penalise Ashers and I was wrong to endorse its decision.
For sure, the law suit against the bakery was well intended. It sought to challenge homophobia. But it was a step too far. It pains me to say this, as a long-time supporter of the struggle for LGBT equality in Northern Ireland, where same-sex marriage remains banned.
The equality laws are intended to protect people against discrimination. A business providing a public service has a legal duty to do so without discrimination based on race, gender, faith, sexuality and so on.
However, the court erred by ruling that Gareth was discriminated against because of his sexual orientation and political opinions.
His cake request was not refused because he was gay but because of the message he wanted on the cake. There is no evidence that his sexuality was the reason Ashers declined his order.
Despite this, Judge Isobel Brownlie said refusing the pro-gay marriage slogan was unlawful indirect sexual orientation discrimination because same-sex marriage is a union between persons of the same-sex and therefore refusing to provide a service in support of same-sex marriage was de facto sexual orientation discrimination.
I disagree. Refusing to facilitate a message in support of same-sex marriage is not sexuality discrimination. It is discrimination against an idea, not against a person.
On the question of political discrimination, the judge said Ashers had denied Gareth service based on his request for a message supporting same-sex marriage. She noted: “If the plaintiff had ordered a cake with the words ‘support marriage’ or ‘support heterosexual marriage’ I have no doubt that such a cake would have been provided.” Brownlie therefore concluded that by refusing to provide a cake with a pro-gay marriage wording Ashers had treated him less favourably, contrary to the law.
This may be a case of differential treatment. However, it was not discrimination against views held or expressed by Gareth but against words he wanted on a cake. Moreover, the law against political discrimination was meant to protect people with differing political views, not to force others to further political views to which they conscientiously object.
The finding of political discrimination against Gareth sets a worrying precedent. Northern Ireland’s laws against discrimination on the grounds of political opinion were framed in the context of decades of conflict. They were designed to heal the sectarian divide by preventing the denial of jobs, housing and services to people because of their politics. There was never an intention that this law should compel people to promote political ideas, such as same-sex marriage, with which they disagreed – let alone on a cake.
The judge concluded that service providers are required by law to facilitate any “lawful” message, even if they have a conscientious objection to it.
This begs the question: Will gay bakers have to accept orders for cakes with homophobic slurs? I don’t think LGBT people should be forced to promote anti-gay messages.
The court judgement also leads me to ask: Should a Muslim printer be obliged to publish cartoons of Mohammed or a Jewish one a book that propagates Holocaust denial?
If the current Ashers verdict stands it could, for example, encourage far right extremists to demand that bakeries and other service providers facilitate the promotion of anti-immigrant and anti-Muslim opinions. It would leave businesses unable to refuse to decorate cakes, print posters and emblazon mugs with bigoted messages.
In my view, it is an infringement of freedom to require private businesses to aid the promotion of ideas to which they conscientiously object. Discrimination against people should be unlawful but not discrimination against ideas and opinions.
By Elizabeth Butterworth (this article also appears in Solidarity and the Workers Liberty website)
Last week, the footballer Ched Evans was cleared of rape after appealing against his 2012 conviction. This does not mean that he did not rape victim X, or has “proved his innocence”, but that the jury had “reasonable doubt” about whether he had raped X or if she had consented to sex.
Reports of the trial’s proceedings suggest that the events were as such: X was engaged in sexual activity with Clayton McDonald, another professional footballer, who was acquitted of rape in the original trial. Evans then proceeded to have sex with X without having spoken to her, while Evans’s younger brother looked on from a window.
X has testified that she cannot remember any of these events due to being too drunk. Evans’s lawyers claimed that she had “directed” events by saying things like “fuck me harder”. The evidence in this re-trial apparently hinged on the testimony of two men who had had sex with the victim on other occasions, and attested that she had said similar things to them as what Evans had claimed in the original trial.
It is difficult to “prove” rape, in terms of being able to show a jury that the victim was not consenting and the defendant was aware that (s)he could not or did not consent, which is what this case rested upon. However, it is difficult to see why the Court of Appeal deemed that this evidence was compelling enough for a re-trial.
It is worrying that the victim’s sexual history was brought into the trial. The implication is obvious: that, because she’d had casual sex or drunken sex on other occasions and said things that suggested she liked having sex, it was simply a case of her having done that again. Which raises the question, do women need to police themselves to the point of not being able to have casual sex or not being able to drink, in order for men not to rape us? To which the answer is, no, men should know to leave drunk women alone and that each time someone has sex, consent must be sought first.
What I’ve read about the Ched Evans case from the perspective of criminal lawyers does not suggest wide legal implications in terms of setting new precedent. This trial, and other rape trials where there is some level of “victim blaming”, do set a cultural tone, however. In the Daily Star, their columnist Helen Wood rants, “These silly bitches who need a good slap of reality should stop and think…
“We’re all meant to get our violins out because they’ve had to change their names five times, if she’s stuck on a new name for in future, C*** would be a good one…. Hope this case has set a lesson for all the ladies out there trying to scar people for a dollar, if you drop your kecks, deal with the walk of shame, quit trying to frame.”
X has had to change her name five times and is, according to some sources, considering moving abroad due to the harassment and abuse she has suffered both on and off-line. The abuse, like Wood’s disgusting tirade (which, let’s not forget, was published by a newspaper with about 430,000 readers), centres around X being labelled a slut, a bitch, money-hungry and a liar: all classic misogynist tropes.
The simple fact is that pretty much every woman I know has been a victim of sexual assault or rape. And has been sexually harassed countless times.
I’ve reported being assaulted to the police and had to deal with total incompetence, inertia and non-existence of resources. I went to the police after a friend was assaulted with a knife and, after hours of painful interviews, the assailant was slapped with a fifty quid fine and no criminal record. I’ve been raped, twice, by two different boyfriends. I’ve also walked down the street and been grabbed. When I shrank away and asked them to leave me alone, I was followed and called a bitch and a cunt. I’ve changed my mind and not gone through with sex, at which point the man I was seeing got extremely aggressive and I had to literally run away.
In fact, any time I have challenged men — even “nice men” — over their behaviour, they become aggressive and sometimes violent. They believe they are entitled to make lecherous comments, to look up women’s skirts, to stare down our tops and to intimidate us. And despite having had relationships with both men and women, and having been dancing in many gay clubs as well as straight, I’ve only once felt that a woman was going “too far”. The hundreds of other times have all been men.
We have a huge problem of misogyny in society. I mean actual women-hating, not just sexism. What else is it when you don’t think someone has a right to ownership over their own body and what happens to it? This is perpetrated by lots of men, who seek to show their dominance, and exert power.
And it is backed up by the internal misogyny of women like Helen Wood, who try to differentiate their womanhood from that of the “silly bitches”.
Rape is on the books as a crime. And the word and idea of “rape” is sensationalised. Yet, the reality of women’s lives is that rape is pretty “normal” and common. And due to the inertia of the police, the brutality of the courts system and the cultural bias of juries, many of us don’t see the point of reporting, let alone pursuing the case and taking rapists to court.
The victim in the Ched Evans case is my hero for reporting and taking the case to court. In the end, Evans may have been cleared, but at least this has drawn attention to the very real problems we face as a society.
Until the women are free, the people cannot be free. Until men realise that women need to be empowered at every level, we will not be successful as a movement or as a class.
This is a guest post by Jonathan Hoffman
Gina Miller is the lead litigant in the Article 50 case that started in the High Court on Thursday. The case is about the fundamental role of Parliament and preserving our modern democracy.
She is getting death threats, racist and sexist abuse – including to her corporate email addresses (she is an investment manager and runs a philanthropic Foundation).
However you voted (and if you didn’t vote) please do not stand aside while this is happening.
We all have the right to go to Court if we feel that an injustice has been done.
Antisemitism lies not far beneath this hate. Gina isn’t Jewish but her lead Counsel is Lord Pannick who is, and Mishcon is the law firm (they have also received serious abuse). You can bet that they will continue to get antisemitic mail.
This article is from July:
However you voted, to support Gina and stand up for what is right, please tweet these articles, write op-eds or blogs and interrupt the nastiness happening on Twitter at her handles.
https://www.theguardian.com/ politics/2016/oct/13/gina- miller-theresa-may-article-50- brexit-parliament-legal- challenge
http://www.standard.co.uk/ business/anthony-hilton-high- principles-clothed-in-low- politics-for-may-a3368356.html
And please share this post
PS This is from Lord Pannick’s submission on Thursday:
LORD PANNICK: Yes, those are my points, my Lord, thank you
I am sorry, my Lord, there is an important point and
it is this: your Lordships may have seen that in the
hearing before Lord Justice Leveson, there was
a reference to the abuse by way of emails and other
matters, of claimants who were bringing this case.
Regrettably, I am informed that my client is getting
further abuse, and threats, and insults. I don’t know
whether your Lordship would think it appropriate to
repeat the comment made by Lord Justice Leveson, that
such comments are entirely inappropriate, and in extreme
cases, the court has ample powers to deal with it.
THE LORD CHIEF JUSTICE: We do indeed. This is a point of
law that is being taken. It is not a point that has –
although it may have political significance, the point
is not a political one.
LORD PANNICK: I am very much obliged, my Lord, thank you.
THE LORD CHIEF JUSTICE: Yes.
Compare and contrast:
1/ Morning Star editorial Feb 26 2016:
The EU has done nothing to strengthen Britain’s social or equality legislation. Holiday pay, equal pay legislation, advancement of anti-racist and gay rights were all fought for and won by workers in struggle. To claim otherwise is a mendacious insult to the history of our movement and class.
2/ Morning Star front page Aug 30 2016:
YOUR RIGHTS IN MAY’S HANDS
Unions challenge May to live up to post-Brexit pledges
by Conrad Landin
THERESA MAY risks a “betrayal of British workers” if she does not save employment rights when Britain leaves the EU, unions warned last night.
New research by the House of Commons library shows that rights to annual leave, protection against unfair dismissal and equal rights for agency workers could fall away on a technicality if the government does not intervene.
The European Communities Act 1972, which will need to be repealed prior to Brexit, allows Brussels employment law to take primacy over Westminster Acts and become British law.
Regulations protecting young people and ensuring paid time off for health and safety reps could also fall by the wayside.
Ms May promised to put the Tories “completely, absolutely, unequivocally at the service of working people” when she was announced as the leader last month.
But her parliamentary record includes staunch support for anti-union laws and leading the opposition to the Equality Act in the Commons.
Shopworkers’ union Usdaw general secretary John Hannett said: “The Prime Minister came to office talking a good game about standing up for working people. She now has to walk the walk — and the first part of that should be guaranteeing that every single right for workers delivered by the European Union will stay in place.
“Anything less would be a betrayal of British workers, especially given the promises that were made on employment rights by members of the Vote Leave campaign. Every worker and trade unionist in Britain urgently needs clarity on this vital issue.”
Labour MP Chuka Umunna (pictured left with Ms May), who commissioned the Commons library research, has written to Ms May calling for the government to enact primary legislation guaranteeing the affected workplace rights.
He is also calling for an audit of decisions made by the Court of Justice of the European Union, followed by a government commitment to maintaining the additional rights that have been derived from legal judgements.
Mr Umunna told Ms May: “You have said repeatedly that ‘Brexit means Brexit.’ But you must now begin to set out what this means.
“You owe it to the working people of Britain to make clear that the pledges made by your Cabinet colleagues to retain EU legislation on workers’ rights will be delivered.”
A Downing Street spokesperson said: “Britain voted decisively to leave the EU and this government will deliver the people’s verdict. In every step we will work to ensure the best possible outcome for the British people.
“We don’t need to be part of the EU to have strong protections for workers’ rights.”
By Les Hern (also at the Workers Liberty website and the current issue of Solidarity newspaper)
“Against stupidity, the gods themselves struggle in vain”, Goethe.
Towards the end of January, “mostly supine” MPs passed a bill after a “clueless debate”.
The Psychoactive Substances Act which is intended to ban “legal highs” (novel psychoactive substances — NPSs) is “one of the stupidest, most dangerous and unscientific pieces of drugs legislation ever conceived.”
“Watching MPs debate…it was clear most didn’t have a clue. They misunderstood medical evidence, mispronounced drug names, and generally floundered. It would have been funny except lives and liberty were on the line.”
Not my words but those of an editorial in New Scientist (30 January 2016) and a report by Clare Wilson. The act came into force on 26 May, meaning that previously legal “head shops” must cease selling NPSs. The banned drugs will only be available from illegal drug dealers.
The story starts with the panic about “legal highs”, chemicals with similar effects on mood to banned drugs such as ecstasy, cocaine or speed, hence the term “psychoactive”. Legal highs were not covered by drug laws that banned named compounds but not new ones with similar effects.
If history tells us anything, it is that humans take drugs. Sometimes, these drugs cause harm to those who take them or to society in general. Banning specific drugs makes their use more dangerous.
A logical approach would be to reduce the harm by controlling purity, taxing their sale, and educating users instead of criminalising them.
Drug users would prefer not to break the law, providing a considerable incentive to synthesise new drugs that mimic banned drugs but aren’t on the banned list. But these new drugs will have unknown side effects and there is no control on dose and purity. In contrast, the effects of many “traditional” drugs are known.
The rationale for banning NPSs was that they were dangerous. Legal highs were mentioned in coroners’ reports for only 76 deaths from 2004 to 2013 (Office for National Statistics). Despite the government’s banning of NPSs as fast as it could, the number of mentions was increasing (23 in 2013). Reliable data are extremely difficult to obtain and mere mention of a drug in a coroner’s report is not evidence that the drug caused the death.
As each NPS was banned, more were synthesised. There were 24 NPSs in 2009 and 81 in 2013, making the government’s actions futile, so some bright spark came up with the idea of banning the production and supply of all substances which produce “a psychoactive effect in a person… by stimulating or depressing the person’s central nervous system [thus affecting] the person’s mental functioning or emotional state.” A bill was proposed by the new Conservative government and specified that anyone producing or supplying (but not merely possessing for personal use) the previously legal NPSs could be sent to prison for up to seven years.
The proposal soon ran into problems.
Firstly, what is meant by stimulating or depressing the central nervous system?
Secondly, what constitutes an effect on a person’s mental function or emotional state?
Thirdly, how could it be proved that any suspected substance was psychoactive? After all, placebos can be psychoactive.
Fourthly, what about alcohol, nicotine, caffeine, many medicines, and foodstuffs such as nutmeg and betel nut (or, in my case, cake)?
Finally, would bona fide scientific research on psychoactive substances be outlawed?
Criticism poured in from scientists. Respected medical researchers said the bill was “poorly drafted, unethical in principle, unenforceable in practice, and likely to constitute a real danger to the freedom and well-being of the nation” (letter to The Times).
The Royal Society, the Academy of Medical Sciences, the Wellcome Trust, and others wrote to Home Secretary Theresa May that “Many types of important research could potentially be affected by the Bill, particularly in the field of neuroscience, where substances with psychoactive properties are important tools in helping scientists to understand a variety of phenomena, including consciousness, memory, addiction and mental illness.”
Even the government’s Advisory Council of the Misuse of Drugs (ACMD), more in line with politicians’ wishes since the shameful “firing” of Professor David Nutt (see below), produced a list of objections. The government’s omission of the word “novel” made the bill apply to a vast number of other substances in addition to legal highs. It would be impossible to list all exemptions so benign substances, such as some herbal remedies, might be inadvertently included. Also, proving that a substance was psychoactive would require unethical human testing, since laboratory tests might not stand up in court.
The government changed the bill to exempt scientific research but otherwise remained obdurate. An example of the inevitable confusion concerns alkyl nitrites (poppers). Known since 1844 and used to treat heart problems, they have a short-acting psychoactive effect and are generally safe.
However, the government referred to several non-specific risks and claimed that poppers had been “mentioned” in 20 death certificates since 1993 (far fewer than for lightning). After a Conservative MP appealed for poppers, which he used, not to be included, the government said they would consider the arguments later.
Another example concerns nitrous oxide (laughing gas), included in the ban despite its long history of use in medicine and recreationally. Discovered in 1772, laughing gas was greatly enjoyed by Sir Humphry Davy and friends, including the poet Shelley. It has an impressive safety record and has been used in dental and childbirth anaesthesia and sedation since 1844.* Nevertheless, the government referred to “the harms” of recreational laughing gas and included it in the bill. In fact, the deaths “caused” by nitrous oxide result from incorrect methods of inhalation which could be eliminated by education.
The Act was finally implemented on 26 May. Independent expert David Nutt described the government’s policy as “pathologically negative and thoughtless.” He predicts that deaths from drugs will increase as people turn to illegal drug dealers in the absence of legal “head shops.”
Einstein defined insanity as “doing the same thing over and over again and expecting different results”. This just about sums up successive governments’ policies towards drugs.**
**But not all drugs. Nicotine and alcohol are legal, despite their addiction potential, toxicity, and role in causing accidents. See, for example, Smoking and accidents
Labour’s problems with scientific evidence
Tories don’t have a monopoly on cluelessness.
Expert neuroscientist Professor David Nutt was “sacked” from his position as chair of the Advisory Council on the Misuse of Drugs by the right-wing press’s favourite Labour politician, former Home Secretary Alan Johnson. This was after Nutt showed that cannabis, then being upgraded to Category B (the same as codeine, ketamine, mephedrone or speed) was less harmful than alcohol or tobacco.
This wasn’t an ordinary sacking since Prof Nutt gave his time and expertise freely, believing that it was important to present the evidence to improve the quality of the debate. Three members of the ACMD resigned in protest.
Nutt stated in a lecture to fellow academics that the evidence showed that cannabis was less harmful than alcohol and tobacco. Johnson called this “campaigning against government policy” and “starting a debate in the national media without prior notification to my department.”
Johnson was then accused of misleading MPs since Prof Nutt had given prior notice of the content of his lecture and no journalists were invited. Further, as an unpaid advisor, Nutt was not subject to the same rules as civil servants. Other ACMD members who resigned said that they “did not have trust” in the way the government would use the ACMD’s advice and that Johnson’s decision was “unduly based on media and political pressure.”
Shamefully, PM Gordon Brown backed Nutt’s removal, saying that the government could not afford to send “mixed messages” on drugs. Both Brown and Johnson (some people’s favourite to replace Jeremy Corbyn) were quite happy to send the wrong message.
Supported by other scientists, Nutt was awarded the John Maddox Prize for standing up for science by the pro-evidence charity Sense About Science.
The government subsequently accepted a new ministerial code allowing for academic freedom and independence for advisers, with proper consideration of their advice. Under this, Nutt would not have been dismissed.
• Nutt now works with Drugs Science
Saturday’s TUC/Equal Opportunities Review Discrimination Law Conference was, as usual, a highly informative event.
The driving force behind this conference (an annual event) is Michael Rubenstein, editor of Equal Opportunities Review and widely regarded as Britain’s leading expert on both equal opportunities law and employment law (he also edits the Industrial Relations Law Reports): unlike a lot of legal people, he makes no secret of his sympathy with the trade union movement.
Amongst the other distinguished speakers was Karon Monagham QC of Matrix Chambers, on ‘Sex and race discrimination: recent developments.’ Anyone whose ever Karon speak will know that she makes no secret of her left wing stance and passionate commitment to anti-racism, equal opportunities and trade union rights – how she ever got to be a QC is a bit of a mystery …
Karon spoke with authority on her subject, concentrating upon:
Karon noted that, “As to recent decisions of the Courts and tribunals, they’re a mixed bag. We have seen some worrying recent case law challenging some of the prevailing orthodoxy around the concepts of equality under the EA 2010 and related matters. We have also seen some progressive case law, in particular in reliance on fundamental rights protected by EU and ECHR law.”
In the course of her presentation, Karon made it clear that the EU Equality Directives, case law from the Court of Justice of the European Union (“CJEU”) and the Charter of Fundamental Rights of the European Union, remain potent and effective tools for all those concerned with defending human rights and trade union rights.
In fact, although it did not appear on the agenda, a recurring theme of the conference was the EU and the possibility of Brexit. In his opening remarks, Michael Rubenstein asked “Do you think Brexit and the Cameron government, together, are going to be good or bad for human rights, equal opportunities and trade union rights?” He added, laughing, “That’s a rhetorical question.”
During the final Q&A session, the panel were asked what they though the impact of a Bexit would be on human rights and employment legislation in the UK: Rubenstein replied with a single word: “catastrophic.”
The idiot-left who seem to think that something progressive can be achieved by getting out of the EU need to take notice of people who know what they’re talking about.
Statement from the Blacklisting Support Group:
As you may know Blacklisting was in the High Court on Thursday 8th October and after 6 years of denying everything, that the High Court trial is getting close, the blacklisting wretches have revised their legal defence, finally admitting their guilt. The 8 largest firms have run up the white flag and the ongoing negotiations between the lawyers are now just drawing up the terms of the surrender. The lawyers representing the blacklisting contractors are still huffing and puffing about their desire to go to court to fight the issue of ‘quantum’ and ‘causation’ (ie: how much compensation they need to pay) but this is just for show. The blacklisters will do anything to avoid the spectacle of a High Court conspiracy trial, which is still set to start in May 2016 and last for 10 weeks. BSG position is that we still want to see the directors of these multinational firms being forced to give evidence under oath at the High Court about their active involvement in this human rights scandal. Buying us off with a few thousand pounds is not justice.
The Blacklist Support Group would like to go on record to thank the stirling work carried out by all of the lawyers on our behalf. We could not have done this on our own. But we would like to particularity praise the work carried out by JC Townsend, Liam Dunne, Sean Curren and the rest of the legal team at Guney Clark & Ryan solicitors who have been working on the High Court conspiracy claim completely unpaid since 2009. Without their initial support, hard work and the resources allocated by GCR over the past six and a half years, we would not be in this position today. Blacklisted workers salute you.
Below is the statement issued & written by PR spin-doctors Graylings on behalf of the 8 largest firms:
On 7 October 2015 we, the eight companies that comprise the Macfarlanes Defendants*, submitted a Re-Amended Generic Defence to the Court. In this document we lay out clearly a number of admissions; these admissions are also covered in the accompanying summary which, we hope, will provide interested parties with an easily accessible reference. Both documents contain a full and unreserved apology for our part in a vetting information system run in the construction industry first through the Economic League and subsequently through The Consulting Association; we recognise and regret the impact it had on employment opportunities for those workers affected and for any distress and anxiety it caused to them and their families.
We are making these admissions now as we believe it is the right thing to do; we are keen to be as transparent as possible and to do what we can to simplify the High Court hearing scheduled for mid-2016. We hope that the clarity this brings will be welcomed by the affected workers. Indeed, ever since the closure of The Consulting Association in 2009, we have been focused on trying to do the right thing by affected workers. This was why we set up The Construction Workers Compensation Scheme (TCWCS) in 2014 to provide those who felt they had been impacted by the existence of the vetting system with a fast and simple way of accessing compensation. Currently, we have paid compensation to 308 people who have contacted TCWCS and we are processing 39 ongoing eligible claims.
We remain committed to TCWCS. We are approaching the High Court hearing in the spirit of openness and full transparency and continue to defend the claim strongly in relation to issues of causation and loss.
– Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and VINCI PLC
John Rees of Stop the War Coalition flanked by Cage representatives, making excuses for ‘Jihadi John’ earlier this year
I personally find it extraordinary that any sane person could have any moral or political objection to the British government’s killing of ISIS fascists. The organisations that have been bleating about this – CND, Reprieve and Stop The War, have long since exposed themselves as outfits who will sympathise with any forces, no matter how barbaric, who oppose the ‘West.’ At least Reprieve is in business to mount legal challenges to the government when it believes human rights are a stake (though they seem mightily selective about whose human rights they’re concerned with); but what the hell is CND doing commenting on this issue? As for the misnamed Stop The War Coalition – we all know that they operate on the basis of “my enemy’s enemy is my friend” and will ally with some of the vilest organisations and individuals on the planet, in the name of supposed “anti-imperialism.”
But what about the legal grounds for the killings? Leading legal blogger Carl Gardner opines that the action was probably legal, but acknowledges that it’s not entirely clear-cut:
Some would argue that an armed attack has to be by a State, or attributable to one, before the UK can defend itself. Here, the RAF’s attack violated Syrian sovereignty but Khan’s plans, whatever they were, can’t obviously be blamed on the Syrian regime. But I don’t think this is a strong argument against the UK .
In any event, the insistence that self-defence can only be invoked against sovereign states seems to me unreal after 9/11. Either international law on the use of force is an ass, unfit for purpose in the 21st century; or its principles must be capable of application to today’s real threats to peace and security. I think the latter.
Read the rest of Gardner’s opinion here
Say no to anti union laws!
On Wednesday 9 September activists campaigning for the right to strike, and against the Trade Union Bill, will take a high court judge to the offices of Sajid Javid at the Department of Business, Innovation and Skills, 1 Victoria Street, London.
At 6.00 pm activists will serve Mr. Javid with a high court injunction banning him for his political office, as he was elected with only 38% of the electorate(1), when the Trade Union Bill which he is sponsoring would require trade unions to gain 40% of their electorate.
Trade unionists from many different unions will join the high court judge to make sure that Mr. Javid gets the message.
“Trade union rights are democratic rights,” said Ruth Cashman of the Right to Strike campaign . “No other voluntary organisations in society face as much interference in their internal affairs as trade unions. It is the height of hypocrisy for a government elected by just 24% of the public to tell us that we need a minimum turnout to carry out our democratic decisions. If they want to make trade unions more democratic they introduce legislation to allow us to have workplace ballots and electronic ballots.”
Right to Strike(2) invites media outlets to send reporters, photographers and to video the event.
Contact: Gemma Short on 07784641808 or Ruth Cashman on 07930845495, email: email@example.com, Facebook: https://www.facebook.com/events/842189349235316/
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