Significance of the Case
This momentous decision has been celebrated as championing access to justice for workers. It is a rich and nuanced landmark judgment which addresses multiple issues vital to human rights discourse, including a decent standard of living, securing workers’ rights, access to effective remedies, gender equality and the importance of protecting the rule of law. The decision acknowledges the skewed power dynamics at play between workers and their employers and, in strongly upholding unimpeded access to courts and tribunals, emphasizes that in order for rights to be effective, they must be enforceable in practice.
The right to an adequate standard of living is a core human right under the International Covenant of Economic, Social and Cultural Rights. It is particularly relevant that the Court applied minimum income standard research to support its finding that in specific cases workers faced unjustifiable decisions between a decent standard of living and access to justice. This judgment demonstrates that discourse concerning decent standards of living is impacting judicial and administrative decision-making, and by extension, public policy in the UK. The decision also emphasizes the need to safeguard access to justice. For the realization of human rights, the availability of effective judicial remedies is essential. Indeed access to justice is a fundamental principle of human rights law. Another significant outcome is the elevation of the issue of indirect discrimination against women and others with protected characteristics, and the strong position on equality.
