Trades Union Congress
The Trades Union Congress is a national trade union centre, a federation of trade unions in England and Wales, representing the majority of trade unions. There are fifty affiliated unions, with a total of about 5.6 million members. The current General Secretary is Frances O'Grady; the TUC’s mission is to support trade unions to grow and thrive, to stand up for everyone who works for a living. They campaign for more and better jobs, a more equal, more prosperous country; the TUC's decision-making body is the Annual Congress. Between congresses decisions are made by the General Council. An Executive Committee is elected by the Council from its members. Affiliated unions can send delegates to Congress, with the number of delegates they can send proportionate to their size; each year Congress elects a President of the Trades Union Congress, who carries out the office for the remainder of the year and presides over the following year's conference. The TUC is not affiliated to the Labour Party. At election time the TUC cannot endorse a particular party by name.
However it can point to policies that it believes would be positive for workers’ rights, or to social cohesion and community welfare. It can politically campaign against policies that it believes would be injurious to workers; the TUC runs the Tolpuddle Martyrs Museum and annual Tolpuddle Martyrs' Festival and Rally commemorating the Tolpuddle Martyrs and their impact on trade unionism. The TUC Library preserves documents related to labour history in other lands, it now focuses on expanding the online and digital collections. The TUC archives are held at the Modern Records Centre at the University of Warwick Library; the archive contains files from c1920 – 2000 consisting of correspondence and external documents, reports, printed material and press statements. The TUC campaigns on a wide range of issues relating to the experience of people at work. Notably, the TUC succeeded in forcing Sports Direct to undergo an independent review into their treatment of workers in September 2016. In October 2016, the TUC's campaign against the Trade Union Bill won'Best Public Affairs Campaign' at the PR Week Awards.
The TUC's Campaign Priorities for 2017–18 are: 1. An economy that works for working people 2. Great jobs for everyone 3. A thriving movement that delivers for younger workers In 1970 the Equal Pay Act made it illegal for employers to give a woman worker different pay and conditions to a male one doing work of equal value. In 1999 the National Minimum Wage was established to protect low-paid workers. In 1999 a limit was placed on working hours as a health and safety measure; this was followed by a minimum holiday entitlement. In 2007 the no-smoking ban was introduced in public areas in response to union arguments that workers were risking their health. In October 2011 agency workers gained the right to receive the same treatment as permanent staff carrying out the same work; the TUC was founded in the 1860s. The United Kingdom Alliance of Organised Trades, founded in Sheffield, Yorkshire, in 1866, was the immediate forerunner of the TUC, although efforts to expand local unions into regional or national organisations date back at least forty years earlier.
The first TUC meeting was held in 1868 when the Manchester and Salford Trades Council convened the founding meeting in the Manchester Mechanics' Institute. The fact that the TUC was formed by Northern Trades Councils was not coincidental. One of the issues which prompted this initiative was the perception that the London Trades Council was taking a dominant role in speaking for the Trade Union Movement as a whole; the second TUC meeting took place in 1869 at the Oddfellows Hall, Temple Street, Birmingham where delegates discussed the eight-hour working day, election of working people to Parliament and the issue of free education. Arising out of the 1897 Congress, a decision was taken to form a more centralised trade union structure that would enable a more militant approach to be taken to fighting the employer and achieving the socialist transformation of society; the result was the General Federation of Trade Unions, formed in 1899. For some years it was unclear which body would emerge as the national trade union centre for the UK and for a while both were recognised as such by different fraternal organisations in other countries.
However, it was soon agreed among the major unions that the TUC should take the leading role and that this would be the central body of the organised Labour Movement in the UK. The GFTU continued in existence and remains to this day as a federation of trade unions providing common services and facilities to its members; as the TUC expanded and formalised its role as the "General Staff of the Labour Movement" it incorporated the Trades Councils who had given birth to it becoming the body which authorised these local arms of the TUC to speak on behalf of the wider Trade Union Movement at local and County level. As the TUC became bureaucratised, the Trades Councils found themselves being subject to political restrictions and purges and to having their role downplayed and marginalised. In some areas (especially in London and the South East
United Kingdom employment equality law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, disability, gender reassignment and civil partnership, religion or belief and sexual orientation; the primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services or premises in addition to employment. This follows three major European Union Directives, is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations Act 1992, again following European law. Disputes are resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal.
The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws. Discrimination is unlawful when an employer is hiring a person, in the terms and conditions of contract that are offered, in making a decision to dismiss a worker, or any other kind of detriment. "Direct discrimination", which means treating a person less favourably than another who lacks the protected characteristic, is always unjustified and unlawful, with the exception of age. It is lawful to discriminate against a person because of their age, only if there is a legitimate business justification accepted by a court. Where there is an "occupational requirement" direct discrimination is lawful, so that for instance an employer could refuse to hire a male actor to play a female role in a play, where, indispensable for the job. "Indirect discrimination" is unlawful, this exists when an employer applies a policy to their workplace that affects everyone but it has a disparate impact on a greater proportion of people of one group with a protected characteristic than another, there is no good business justification for that practice.
Disability differs from other protected characteristics in that employers are under a positive duty to make reasonable adjustments to their workplace to accommodate the needs of disabled staff. For age, gender and sexuality there is no positive obligation to promote equality, positive discrimination is circumscribed by the principle that merit must be regarded as the most important characteristic of a person. In the field of equal pay between men and women, the rules differ in the scope for comparators. Any dismissal because of discrimination is automatically unfair and entitles a person to claim under the Employment Rights Act 1996 section 94 no matter how long they have worked. Anti-discrimination law is a recent development. Religious discrimination was first tackled by laws aimed at Roman Catholics; the Papists Act 1778 was the first act that addressed legal discrimination against Roman Catholics, but it was not until the Roman Catholic Relief Act 1829 that Catholics were considered emancipated.
A year in 1830, debates began on the subject of making similar provisions for Jews. A strong Tory lobby in Parliament prevented any furtherance of this cause until the Religious Opinions Act 1846, although this only went some way towards acceptance of all religious viewpoints, it was only the Reform Act 1867. Women were marginalised from general social participation; the first changes came at municipal level, particular in the Birmingham Municipal Council from the 1830s. The Chartists from the mid 19th century, the Suffragettes after the turn of the 20th century lobbied for universal suffrage against a conservative judiciary and a liberal political establishment. In Nairn v The University Court of the University of St Andrews, Lord McLaren proclaimed that it is "a principle of the unwritten constitutional law of this country that men only were entitled to take part in the election of representatives to Parliament." The Representation of the People Act 1918 gave the universal franchise to men, knocked away the last barriers of wealth discrimination for the vote.
But for women, only those over 30 were enfranchised, the judiciary remained as conservative as ever. In Roberts v Hopwood a metropolitan borough council had decided to pay its workers a minimum of £4 a week, whether they were men or women and regardless of the job they did; the House of Lords approved the district auditor's surcharge for being overly gratuitous, given the fall in the cost of living. Lord Atkinson said "the council would, in my view, fail in their duty if... allowed themselves to be guided in preference by some eccentric principles of socialistic philanthropy, or by a feminist ambition to secure the equality of the sexes in the matter of wages in the world of labour." Though Lord Buckmaster said "Had they stated that they determined as a borough council to pay the same wage for the same work without regard to the sex or condition of the person who performed it, I should have found it difficult to say that, not a proper exercise of their discretion." After a decade, the Representation of the People Act 1928 gave women the vote on an equal footing.
Attitudes to racial prejudice in the law were set to change markedly with the proverbial "winds of change" sweeping through the Empire after World War II. As Britain's colonies won independence, many immigrated
Magna Carta Libertatum called Magna Carta, is a charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury to make peace between the unpopular King and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the peace treaty agreed at Lambeth, where the document acquired the name Magna Carta, to distinguish it from the smaller Charter of the Forest, issued at the same time.
Short of funds, Henry reissued the charter again in 1225 in exchange for a grant of new taxes. His son, Edward I, repeated the exercise in 1297, this time confirming it as part of England's statute law; the charter became part of English political life and was renewed by each monarch in turn, although as time went by and the fledgling English Parliament passed new laws, it lost some of its practical significance. At the end of the 16th century there was an upsurge in interest in Magna Carta. Lawyers and historians at the time believed that there was an ancient English constitution, going back to the days of the Anglo-Saxons, that protected individual English freedoms, they argued that the Norman invasion of 1066 had overthrown these rights, that Magna Carta had been a popular attempt to restore them, making the charter an essential foundation for the contemporary powers of Parliament and legal principles such as habeas corpus. Although this historical account was badly flawed, jurists such as Sir Edward Coke used Magna Carta extensively in the early 17th century, arguing against the divine right of kings propounded by the Stuart monarchs.
Both James I and his son Charles I attempted to suppress the discussion of Magna Carta, until the issue was curtailed by the English Civil War of the 1640s and the execution of Charles. The political myth of Magna Carta and its protection of ancient personal liberties persisted after the Glorious Revolution of 1688 until well into the 19th century, it influenced the early American colonists in the Thirteen Colonies and the formation of the American Constitution in 1787, which became the supreme law of the land in the new republic of the United States. Research by Victorian historians showed that the original 1215 charter had concerned the medieval relationship between the monarch and the barons, rather than the rights of ordinary people, but the charter remained a powerful, iconic document after all of its content was repealed from the statute books in the 19th and 20th centuries. Magna Carta still forms an important symbol of liberty today cited by politicians and campaigners, is held in great respect by the British and American legal communities, Lord Denning describing it as "the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot".
In the 21st century, four exemplifications of the original 1215 charter remain in existence, two at the British Library, one at Lincoln Cathedral and one at Salisbury Cathedral. There are a handful of the subsequent charters in public and private ownership, including copies of the 1297 charter in both the United States and Australia; the original charters were written on parchment sheets using quill pens, in abbreviated medieval Latin, the convention for legal documents at that time. Each was sealed with the royal great seal: few of the seals have survived. Although scholars refer to the 63 numbered "clauses" of Magna Carta, this is a modern system of numbering, introduced by Sir William Blackstone in 1759; the four original 1215 charters were displayed together at the British Library for one day, 3 February 2015, to mark the 800th anniversary of Magna Carta. Magna Carta originated as an unsuccessful attempt to achieve peace between royalist and rebel factions in 1215, as part of the events leading to the outbreak of the First Barons' War.
England was ruled by the third of the Angevin kings. Although the kingdom had a robust administrative system, the nature of government under the Angevin monarchs was ill-defined and uncertain. John and his predecessors had ruled using the principle of vis et voluntas, or "force and will", taking executive and sometimes arbitrary decisions justified on the basis that a king was above the law. Many contemporary writers believed that monarchs should rule in accordance with the custom and the law, with the counsel of the leading members of the realm, but there was no model for what should happen if a king refused to do so. John had lost most of his ancestral lands in France to King Philip II in 1204 and had struggled to regain them for many years, raising extensive taxes on the barons to accumulate money to fight a war which ended in expensive failure in 1214. Following the defeat of his allies at the Battle of Bouvines, John had to sue for peace and pay compensation. John was personally unpopular with many of the barons, many of whom owed money to the Crown, little trust existed between the two sides.
A triumph would have strengthened his position, but in the face of his de
The United Kingdom the United Kingdom of Great Britain and Northern Ireland, sometimes referred to as Britain, is a sovereign country located off the north-western coast of the European mainland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, many smaller islands. Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state, the Republic of Ireland. Apart from this land border, the United Kingdom is surrounded by the Atlantic Ocean, with the North Sea to the east, the English Channel to the south and the Celtic Sea to the south-west, giving it the 12th-longest coastline in the world; the Irish Sea lies between Great Ireland. With an area of 242,500 square kilometres, the United Kingdom is the 78th-largest sovereign state in the world, it is the 22nd-most populous country, with an estimated 66.0 million inhabitants in 2017. The UK is constitutional monarchy; the current monarch is Queen Elizabeth II, who has reigned since 1952, making her the longest-serving current head of state.
The United Kingdom's capital and largest city is London, a global city and financial centre with an urban area population of 10.3 million. Other major urban areas in the UK include Greater Manchester, the West Midlands and West Yorkshire conurbations, Greater Glasgow and the Liverpool Built-up Area; the United Kingdom consists of four constituent countries: England, Scotland and Northern Ireland. Their capitals are London, Edinburgh and Belfast, respectively. Apart from England, the countries have their own devolved governments, each with varying powers, but such power is delegated by the Parliament of the United Kingdom, which may enact laws unilaterally altering or abolishing devolution; the nearby Isle of Man, Bailiwick of Guernsey and Bailiwick of Jersey are not part of the UK, being Crown dependencies with the British Government responsible for defence and international representation. The medieval conquest and subsequent annexation of Wales by the Kingdom of England, followed by the union between England and Scotland in 1707 to form the Kingdom of Great Britain, the union in 1801 of Great Britain with the Kingdom of Ireland created the United Kingdom of Great Britain and Ireland.
Five-sixths of Ireland seceded from the UK in 1922, leaving the present formulation of the United Kingdom of Great Britain and Northern Ireland. There are fourteen British Overseas Territories, the remnants of the British Empire which, at its height in the 1920s, encompassed a quarter of the world's land mass and was the largest empire in history. British influence can be observed in the language and political systems of many of its former colonies; the United Kingdom is a developed country and has the world's fifth-largest economy by nominal GDP and ninth-largest economy by purchasing power parity. It has a high-income economy and has a high Human Development Index rating, ranking 14th in the world, it was the world's first industrialised country and the world's foremost power during the 19th and early 20th centuries. The UK remains a great power, with considerable economic, military and political influence internationally, it is sixth in military expenditure in the world. It has been a permanent member of the United Nations Security Council since its first session in 1946.
It has been a leading member state of the European Union and its predecessor, the European Economic Community, since 1973. The United Kingdom is a member of the Commonwealth of Nations, the Council of Europe, the G7, the G20, NATO, the Organisation for Economic Co-operation and Development and the World Trade Organization; the 1707 Acts of Union declared that the kingdoms of England and Scotland were "United into One Kingdom by the Name of Great Britain". The term "United Kingdom" has been used as a description for the former kingdom of Great Britain, although its official name from 1707 to 1800 was "Great Britain"; the Acts of Union 1800 united the kingdom of Great Britain and the kingdom of Ireland in 1801, forming the United Kingdom of Great Britain and Ireland. Following the partition of Ireland and the independence of the Irish Free State in 1922, which left Northern Ireland as the only part of the island of Ireland within the United Kingdom, the name was changed to the "United Kingdom of Great Britain and Northern Ireland".
Although the United Kingdom is a sovereign country, Scotland and Northern Ireland are widely referred to as countries. The UK Prime Minister's website has used the phrase "countries within a country" to describe the United Kingdom; some statistical summaries, such as those for the twelve NUTS 1 regions of the United Kingdom refer to Scotland and Northern Ireland as "regions". Northern Ireland is referred to as a "province". With regard to Northern Ireland, the descriptive name used "can be controversial, with the choice revealing one's political preferences"; the term "Great Britain" conventionally refers to the island of Great Britain, or politically to England and Wales in combination. However, it is sometimes used as a loose synonym for the United Kingdom as a whole; the term "Britain" is used both as a synonym for Great Britain, as a synonym for the United Kingdom. Usage is mixed, with the BBC preferring to use Britain as shorthand only for Great Britain and the UK Government, while accepting that both terms refer to the United K
Parliament of Ireland
The Parliament of Ireland was the legislature of the Lordship of Ireland, the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two chambers: the House of Commons and the House of Lords; the Lords were members of bishops. The Commons was directly elected, albeit on a restricted franchise. Parliaments met at various places in Leinster and Munster, but latterly always in Dublin: in Christchurch Cathedral, Dublin Castle, Chichester House, the Blue Coat School, a purpose-built Parliament House on College Green; the main purpose of parliament was to approve taxes that were levied by and for the Dublin Castle administration. Those who would pay the bulk of taxation, the clergy and landowners comprised the members. Only the "English of Ireland" were represented until the first Gaelic lords summoned during the 16th-century Tudor reconquest. Under Poynings' Law of 1495, all Acts of Parliament had to be pre-approved by the Irish Privy Council and English Privy Council.
Parliament supported the Irish Reformation and Catholics were excluded from membership and voting in penal times. The Constitution of 1782 amended Poynings' Law to allow the Irish Parliament to initiate legislation. In 1793 Catholics were re-enfranchised; the Acts of Union 1800 merged the Kingdom of Ireland and Kingdom of Great Britain into the United Kingdom of Great Britain and Ireland. The parliament was merged with that of Great Britain. After the 12th-century Norman invasion of Ireland, administration of the Anglo-Norman Lordship of Ireland was modelled on that of the Kingdom of England. Magna Carta was extended in 1217 in the Great Charter of Ireland; as in England, parliament evolved out of the Magnum Concilium "great council" summoned by the king's viceroy, attended by the council and prelates. Membership was based on fealty to the king, the preservation of the king's peace, so the fluctuating number of autonomous Irish Gaelic kings were outside of the system; the earliest known parliament met at Kilkea Castle near Castledermot, County Kildare on 18 June 1264, with only prelates and magnates attending.
Elected representatives are first attested in 1297 and continually from the 14th century. In 1297, counties were first represented by elected knights of the shire. In 1299, towns were represented. From the 14th century a distinction from the English parliament was that deliberations on church funding were held in Parliament rather than in Convocation; the separation of the individually summoned lords from the elected commons had developed by the fifteenth century. The clerical proctors elected by the lower clergy of each diocese formed a separate house or estate in until 1537, when they were expelled for their opposition to the Irish Reformation; the 14th and 15th centuries saw shrinking numbers of those loyal to the crown, the growing power of landed families, the increasing inability to carry out judicial rulings, that all reduced the crown's presence in Ireland. Alongside this reduced control grew a "Gaelic resurgence", political as well as cultural. In turn this resulted in considerable numbers of the Hiberno-Norman Old English nobility joining the independent Gaelic nobles in asserting their feudal independence.
The crown's power shrank to a small fortified enclave around Dublin known as the Pale. The Parliament thereafter became the forum for the Pale community until the 16th century. Unable to implement and exercise the authority of the Parliament or the Crown's rule outside of this environ, under the attack of raids by the Gaelic Irish and independent Hiberno-Norman nobles, the Palesmen themselves encouraged the Kings of England to take a more direct role in the affairs of Ireland. Geographic distance, the lack of attention by the Crown because of the Hundred Years' War and the Wars of the Roses, the larger power of the Gaelic clans, all reduced the effectiveness of the Irish Parliament, thus worried that the Irish Parliament was being overawed by powerful landed families in Ireland like the Earl of Kildare into passing laws that pursued the agendas of the different dynastic factions in the country, in 1494, the Parliament encouraged the passing of Poynings' Law which subordinated Irish Parliament to the English one.
The role of the Parliament changed after 1541, when Henry VIII declared the Kingdom of Ireland and embarked on the Tudor conquest of Ireland. Despite an era which featured royal concentration of power and decreasing feudal power throughout the rest of Europe, King Henry VIII over-ruled earlier court rulings putting families and lands under attainder and recognised the privileges of the Gaelic nobles, thereby expanding the crown's de jure authority. In return for recognising the crown's authority under the new Kingdom of Ireland, the Gaelic-Anglo-Irish lords had their position legalised and were entitled to attend the Irish Parliament as equals under the policy of surrender and regrant; the Reformation in Ireland introduced in stages by the Tudor monarchs did not take hold in most of the country, did not affect the operation of parliament until after the papal bull Regnans in Excelsis of 1570. In 1537, the Irish Parliament approved both the Act of Supremacy, acknowledging Henry VIII as head of the Church and the dissolution of the monasteries.
Petition of Right
The Petition of Right is a major English constitutional document that sets out specific liberties of the subject that the king is prohibited from infringing. Passed on 7 June 1628, the Petition contains restrictions on non-Parliamentary taxation, forced billeting of soldiers, imprisonment without cause, the use of martial law. Following disputes between Parliament and King Charles I over the execution of the Thirty Years' War, Parliament refused to grant subsidies to support the war effort, leading to Charles gathering "forced loans" without Parliamentary approval and arbitrarily imprisoning those who refused to pay. Moreover, the war footing of the nation led to the forced billeting of soldiers within the homes of private citizens, the declaration of martial law over large swathes of the country. In response, the House of Commons prepared a set of four Resolutions, decrying these actions and restating the validity of Magna Carta and the legal requirement of habeas corpus; these were rejected by Charles, who announced that Parliament would be dissolved.
Accordingly, a committee under Sir Edward Coke drafted such a petition, it was passed by the Commons on 8 May and sent to the House of Lords. After three weeks of debates and conferences between the two chambers, the Petition of Right was ratified by both houses on the 26th and 27 May. Following additional debates in which the King restricted the right of the Commons to speak, he bowed to the pressure. Unhappy with the method chosen, both houses joined together and demanded the King ratify the Petition, which he did on 7 June. Despite debates over its legal status, the Petition of Right was influential. Domestically, the Petition is seen as "one of England's most famous constitutional documents", of equal value to the Magna Carta and Bill of Rights 1689. In a period in which Charles's main protection from the Commons was the House of Lords, the willingness of both chambers to work together marked a new stage in the constitutional crisis that would lead to the English Civil War; the Petition remains in force in the United Kingdom and, thanks to Imperial legislation, many parts of the Commonwealth of Nations including Australia and New Zealand.
Internationally, it helped influence the Massachusetts Body of Liberties, is seen as a predecessor to the Third, Fifth and Seventh amendments to the Constitution of the United States. On 27 March 1625, King James I of England died, was succeeded by his son, who became Charles I. Along with the throne, Charles inherited the Thirty Years' War, in which Christian IV of Denmark and Frederick V, Elector Palatine, married to Charles's sister Elizabeth, were attempting to take back their hereditary lands and titles from the Habsburg Monarchy. James had caused significant financial problems with his attempts to support Christian and Frederick, it was expected that Charles would be more amenable to prosecuting the war responsibly. After he summoned a new Parliament to meet in April 1625, it became clear; the House of Commons refused, instead passed two bills granting him only £112,000. In addition, rather than renewing the customs due from Tonnage and Poundage for the entire life of the monarch, traditional, the Commons only voted them in for one year.
Because of this, the House of Lords rejected the bill, leaving Charles without any money to provide for the war effort. Displeased with this, Charles adjourned it on 11 July, but finding himself in need of money recalled the Members on 1 August, when they met in Oxford. Not only did the Commons continue to refuse to provide money, led by Robert Phelips and Sir Edward Coke they began investigating the Duke of Buckingham. Buckingham, Charles's favourite, was in charge of prosecuting the war, with it going badly the Commons inquired into Buckingham's use of previous grants, various controversies within the admiralty; this was a pretext to impeachment, Charles reacted by dissolving Parliament less than two weeks on 12 August. By 1627, with England still at war, Charles decided to raise "forced loans". Anyone who refused to pay would be imprisoned without trial, if they resisted, sent before the Privy Council. Although the judiciary refused to endorse these loans, they succumbed to pressure after the Chief Justice of the King's Bench, Sir Randolph Crewe, was dismissed.
For refusing to contribute to the forced loan, over 70 gentlemen were arbitrarily jailed, without trial or charges brought against them. Five of them, Sir Thomas Darnell, Sir John Corbet, Sir Walter Erle, Sir John Heveningham and Sir Edmund Hampden, attempted to gain their freedom, petitioning the Court of King's Bench for a writ of habeas corpus; these were awarded on 3 November 1627, with the court ordering the bailiffs to present these prisoners to the King's Bench for examination by 8 November. None of the prisoners were presented, because the bailiffs were unable to determine what they were charged with; this led to the Five Knights' Case, known as Darnell's Case. Darnell, unnerved by the situation, ceased pursuing his freedom, the other four secured writs instead, represented by John Bramston, Henry Calthorp and John Selden; the judges denied the defendants bail, concluding that if no charges had been brought, "the could not be freed as the offence was too dangerous for public discussion".
Defrenne v Sabena (No 2)
Defrenne v Sabena Case 43/75 is a foundational European Union law case, concerning direct effect and the European Social Charter in the European Union. The case was championed by the Belgian lawyer Eliane Vogel-Polsky, responsible for much of the heavy involvement in sex discrimination law of the time by the European Court of Justice. A woman named Gabrielle Defrenne worked as a flight attendant for the Belgian national airline Sabena. Under Belgian law, female flight attendants were obliged to retire at the age of 40, unlike their male counterparts. Defrenne had been forced to retire from Sabena in 1968. Defrenne complained that the lower pension rights this entailed violated her right to equal treatment on grounds of gender under article 119 of the Treaty of the European Community; the European Court of Justice held that article 119 of the Treaty of the European Community was of such a character as to have horizontal direct effect, therefore enforceable not between individuals and the government, but between private parties.
Article 157 TFEU was invoked which stated "Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied" This, further to the case of Van Gend en Loos, identified the horizontal and vertical direct effect of Treaty provisions which could be invoked in national courts and hence they would be bound to protect individual rights. P v S and Cornwall County Council United Kingdom labour law European labour law References Sources E. Gubin, Eliane Vogel-Polsky, a woman of conviction, Institut pour l'Égalité des Femmes et des Hommes, 2007