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Access to Work for Those Seeking Asylum: Concerns Arising from British and Swedish Legal Strategies Ind. Law J. (IF 1.025) Pub Date : 2024-03-12 Petra Herzfeld Olsson, Tonia Novitz
This article seeks to probe the controversial relationship between seeking asylum and the permission (or obligation) to work. In doing so, we recognise the concurrent claims that can be made for asylum and access to the labour market, problematising the concept of ‘work’ and its relationship to freedom and dignity from the perspective of international refugee law and European human rights norms alongside
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One Man, Two Guvnors: Revisiting the Principle Against Two Employers Ind. Law J. (IF 1.025) Pub Date : 2024-02-19 Charles Wynn-Evans
This case note reviews the detail of, rationale for, and issues arising in relation to the longstanding principle that in general terms an employee cannot simultaneously have two employers in the context of its impact on the scope and application of labour law protections and its recent consdieration by the Employment Tribunal in its Embery and United Taxis decisions. It is argued that this principle
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Consent to Labour Exploitation Ind. Law J. (IF 1.025) Pub Date : 2024-02-02 Maayan Niezna
This article argues there is no one-size-fits-all approach to the role of consent to labour exploitation. However, there is significant value in considering the theoretical underpinnings of different legal interventions addressing labour exploitation. The article first explores different theoretical accounts of exploitation in political philosophy: emphasising taking unfair advantage, violation of
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Reducing Worker Exploitation in Time-Limited, Low-Wage Visa Schemes: Lessons from South Korea and Thailand Ind. Law J. (IF 1.025) Pub Date : 2024-01-20 Arwen Joyce
South Korea and Thailand are two of the seven biggest destination countries for low-wage migrant labour in East and Southeast Asia. They face similar demographic patterns and labour market dynamics but are very different when it comes to their economic, political and geographical contexts. Despite these differences, they have pursued a similar approach to the regulation of low-wage labour migration
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Crossing the Rubicon: The Strikes (Minimum Service Levels) Act 2023 as an Authoritarian Crucible Ind. Law J. (IF 1.025) Pub Date : 2023-08-29 Ioannis Katsaroumpas
In the 1980s and 1990s, Conservative Governments contemplated but ultimately refused direct interventions in strikes in essential services as unenforceable and ineffective. The Strikes (Minimum Service Levels) Act 2023 crosses this Rubicon. It does so not by a participatory framework but by granting Ministers and employers virtually unrestrained powers to restrict (and effectively prohibit by neutralising
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Does Labour Law Trust Workers? Questioning Underlying Assumptions Behind Managerial Prerogatives Ind. Law J. (IF 1.025) Pub Date : 2023-08-22 Valerio De Stefano, Ilda Durri, Charalampos Stylogiannis, Mathias Wouters
This article explores the relationship between modern labour law, trust-based management, and collective labour relations. It begins by examining the historical origins of labour law, which was established to give employers the means to govern their workforce, based on the assumption that workers were untrustworthy. We argue that this notion still persists, albeit in a refined form, and that advancements
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The Higher Education (Freedom of Speech) Act 2023: An Employment Focused Overview Ind. Law J. (IF 1.025) Pub Date : 2023-08-09 James Murray
This article considers the provisions of the new Higher Education (Freedom of Speech) Act 2023 and focuses on its employment impact for registered higher education providers in England with respect to the management (in particular, discipline and dismissal) of their staff generally and their academic staff more specifically. Overall, it concludes that the impact on the employment relationship in this
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Hard Exterior, Soft Interior: Skill Regulation and Employer Control over Migrant Worker Selection Policy in Australia Ind. Law J. (IF 1.025) Pub Date : 2023-04-26 Anna K Boucher, Chris F Wright
This paper utilises a regulatory analysis of skilled visas and insights from labour law scholarship to examine how Australian immigration law regulates ‘skill’ and the implications for migrant workers’ employment relationships. While qualifications or ‘hard skills’ act as the formal basis for selection under Australian immigration law, interpersonal attributes associated with ‘soft skills’ often decide
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Whistleblowing Litigation and Legislation in Ireland: Are There Lessons to be Learned? Ind. Law J. (IF 1.025) Pub Date : 2023-04-26 Lauren Kierans
The Protected Disclosures Act 2014 is Ireland’s main workplace whistleblowing legislation. It will be amended by the Protected Disclosures (Amendment) Act 2022 on 1 January 2023 on foot of Ireland’s obligation to transpose into national law Directive 2019/1937/EU of the European Parliament and the Council of 23 October 2019 on the protection of persons who report breaches of Union law. This paper addresses
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Pursuing the Innovation Economy: Implications for Startup Labour Ind. Law J. (IF 1.025) Pub Date : 2023-04-05 Emily Rose
This article considers how the UK and Scottish governments’ policy push to promote the innovation economy affects labour. It applies a regulatory approach to consider the issue, focusing specifically on the co-ordinated efforts of government, universities and the private sector to promote and support technology startups. Data is drawn from an empirical case study of the digital technology sector in
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The Sword and the Shield: The Directive on Adequate Minimum Wages in the EU Ind. Law J. (IF 1.025) Pub Date : 2023-03-30 Luca Ratti
This article contextualises the adoption of the Directive 2022/2041 (EU) on adequate minimum wages. The analysis considers wage adequacy, collective bargaining coverage, and the combat of in-work poverty as the main pillars on which the directive is built. The aim is to show the potential and limits of the directive’s approach to wage regulation, in the light of the stringent limits on EU competence
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Towards a More Effective Health and Safety Regime for UK Workplaces Post COVID-19 Ind. Law J. (IF 1.025) Pub Date : 2023-03-18 A C L Davies, Lisa Rodgers
In this article, we identify ways in which the Covid-19 pandemic has exposed flaws in the UK’s regulatory regime for health and safety at work. The characteristics of Covid-19 presented particular challenges for the risk-based approach to regulation embraced by the Health and Safety Executive (HSE). We offer a critique and suggest four principal areas for reform. First, it is clear that HSE and other
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The Curious Case of Judicial Interpretation and Labour Flexibility in India Ind. Law J. (IF 1.025) Pub Date : 2023-03-14 Girish Balasubramanian, Surendra Babu Talluri, Santanu Sarkar
The economic liberalisation of the 1990s in India led to calls for increased labour flexibility. As achieving legislative reform proved difficult, the focus shifted to judicial interpretation of existing labour statutes. We present evidence that Indian courts changed their interpretations of labour laws over time, favouring flexibility at the expense of the protective purposes underlying the legislation
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Social Security Reform and the Untapped Potential of Human Rights Law Ind. Law J. (IF 1.025) Pub Date : 2023-02-24 Christopher Rowe
The courts have done little to ameliorate the harsh ‘austerity’ reforms pursued by the government since 2010, adopting a highly deferential approach towards human rights claims in the social security context. This article identifies the two key moves to achieve this result: adopting the manifestly without reasonable foundation standard of justification and treating indirect discrimination claims on
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Perceived Disability Discrimination and the Deficient Equality Act: Interpretive and Legislative Remedies Ind. Law J. (IF 1.025) Pub Date : 2023-02-24 Michael Connolly
The Equality Act 2010 was intended to extend its cover to perceived discrimination, such as dismissing a turbaned Sikh barista under pressure from customers mistaking him for a Muslim. Such mistakes are rooted in stereotyping, fear and prejudice. Disability discrimination is particularly prone to these attitudes, but the Act’s inadequate drafting renders perceived disability discrimination claims exceptionally
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Pay Transparency, Information Access Rights and Data Protection Law: Exploring Viable Alternatives to Disclosure Orders in Equal Pay Litigation Ind. Law J. (IF 1.025) Pub Date : 2023-02-09 Victoria Hooton, Henry Pearce
Equal pay litigation is often highly technical, with a drawn out and costly legal battle for claimants. This is somewhat because of the way equal pay law is constructed, as the requirement to have specific, named comparators can be an area of intense dispute. The complexity and length of cases look set to increase as the parameters of equal pay for work of equal value are explored, and occupational
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We’re Miles Apart: Disproportionate Deductions from Wages, Industrial Action and Human Rights Ind. Law J. (IF 1.025) Pub Date : 2023-02-01 David Mead
This article sets out a human rights-based critique of one aspect of the common law wage/work bargain: the rule that entitles employers to deduct an entire week’s pay from those taking action short of strike, and who thereby perform most, but not all, of their contractual duties. It makes the case that that rule, established in Miles v Wakefield MDC and Wiluszynski v Tower Hamlets over 35 years ago
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Introducing Fair Work through ‘Soft’ Regulation in Outsourced Public Service Networks: Explaining Unintended Outcomes in the Implementation of the Scottish Living Wage Policy Ind. Law J. (IF 1.025) Pub Date : 2022-10-28 Ian Cunningham, Philip James, Alina Baluch, Anne-Marie Cullen
Using a regulatory analysis from Martinez Lucio and Mackenzie (2014 and 2016), this study contributes to debates concerning the capacity of ‘soft’ regulation to advance employment conditions and outcomes. This study explores the implementation of a real living wage policy for employees in outsourced Scottish social care. Despite employer compliance in implementing the living wage, it had a mixed impact
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Strategic Injustice and the 1984–85 Miners’ Strike in Scotland Ind. Law J. (IF 1.025) Pub Date : 2022-08-27 Jim Phillips
Justice was sorely experienced by Scottish miners in the strike against pit closures and redundancies in 1984–85. In Scotland strikers were arrested by police officers at twice the rate of those in England and Wales and were three times more likely to be dismissed from employment by the National Coal Board. Analysis uses Gramsci as guide: Margaret Thatcher’s Conservative government was engaged in an
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How Effective Is Private Dispute Resolution? Evidence From Ireland Ind. Law J. (IF 1.025) Pub Date : 2022-07-25 William K Roche
This article examines the effectiveness of private dispute resolution arrangements (PDRAs) established voluntarily by employers and unions in private- and public-sector firms and agencies in Ireland. PDRAs comprise three-person panels or sole adjudicators and combine binding or non-binding adjudication with internal mediation. PDRAs seek to rewrite the established rules and conventions governing dispute
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Nonwaivability of Labour Rights, Individual Waivers and the Emancipatory Function of Labour Law Ind. Law J. (IF 1.025) Pub Date : 2022-07-22 Vladimir Bogoeski
This paper intervenes in ongoing discussions on emerging legislation and jurisprudence across jurisdictions offering employees the possibility to renounce established labour rights through individual labour rights waivers. Building on discussions about consent and coercion in the employment relationship, the paper argues that individual labour rights waivers in most cases undermine labour law’s overall
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The Expansion of Wage Theft Legislation in Common Law Countries—Should Ireland be Next? Ind. Law J. (IF 1.025) Pub Date : 2022-07-22 Michelle O’Sullivan
While employment laws exist to protect workers from the unfair exploitation, evidence suggests that wage theft is a prominent practice. Wage theft has received considerable public policy attention in several common law countries leading to the introduction of new legislation on the basis that existing legal regulations were inadequate and because the effects of wage theft are particularly deleterious
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Shared Parental Leave: Can Transferable Maternity Leave Ever Encourage Fathers to Care? Ind. Law J. (IF 1.025) Pub Date : 2022-07-06 Gemma Mitchell
Shared parental leave made some maternity leave transferable in the UK. The aim was to improve the position of working parents, particularly mothers, by encouraging fathers to take on more of a caring role. It has been widely acknowledged that the legislation has failed to achieve this. This article considers whether the reasons for this failure are due to the specifics of the UK’s legislative scheme
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The Influence of the EU on UK Labour Law—Before and After Brexit Ind. Law J. (IF 1.025) Pub Date : 2022-07-06 Phil Syrpis
This article examines the influence of the EU over UK labour law, before and after Brexit. It compares the influence of the EU within the internal market with that under the UK–EU Trade and Cooperation Agreement (TCA) agreed in December 2020. It focuses both on the different mechanisms through which labour law standards may be enforced before and after Brexit, and, in particular, on the extent to which
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Migrant Workers and Wage Theft: Is Legal Action an Effective Form of Collective Action? Ind. Law J. (IF 1.025) Pub Date : 2022-07-02 Michelle O’Sullivan, Juliet MacMahon
Vulnerable migrant workers are generally very reluctant to take legal action to challenge exploitation given the many obstacles they face, and instances of such action are important to examine for their exceptionality. This article presents a case study of non-unionised Portuguese construction workers who engaged in a lengthy legal battle against their Portuguese employers for various forms of wage
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Gendered Distributive Injustice in Production Networks: Implications for the Regulation of Precarious Work Ind. Law J. (IF 1.025) Pub Date : 2022-04-26 Shelley Marshall, Kate Taylor, Sara Tödt
This paper is concerned with how precarious work in gendered production networks can be regulated to address distributional injustices—examining the regulation of homework in Thailand as a case study. The contribution of this paper is to empirically analyse these outcomes of the organisation and governance of production as gendered distributional injustices. The analytic extends the distributive analysis
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Silencing at Work: Sexual Harassment, Workplace Misconduct and NDAs Ind. Law J. (IF 1.025) Pub Date : 2022-04-08 Lizzie Barmes
Abstract This article draws on qualitative analysis of a small interview study and of oral evidence to the Women and Equalities Select Committee (WESC) of the UK Parliament, to explore and contextualize the use in the United Kingdom of NDAs in settlements to silence allegations and experiences of sexual harassment and workplace misconduct. This demonstrates the central place of NDAs in the failure
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Domestic Workers, the ‘Family Worker’ Exemption from Minimum Wage, and Gendered Devaluation of Women’s Work Ind. Law J. (IF 1.025) Pub Date : 2022-04-05 Natalie Sedacca
Abstract Domestic workers, who work in private households carrying out tasks such as cooking, cleaning, and care for children and the elderly, are overwhelmingly women and often from migrant and/ or ethnic minority backgrounds. This article examines a stark example of domestic workers’ exclusion from labour law protection, regulation 57(3) of the National Minimum Wage Regulations, which exempts employers
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An Uncertain Future for EU-Level Collective Bargaining: The New Rules of the Game After EPSU Ind. Law J. (IF 1.025) Pub Date : 2022-04-05 Manuel Antonio García Muñoz Alhambra
Abstract The General Court of the European Union (GCEU) in EPSU and Goudriaan vs. Commission and the Court of Justice of the European Union (CJEU) in the subsequent appeal judgment reached an identical conclusion on a key aspect of the system of EU level collective bargaining. The Courts held that Article 155(2) of the Treaty on the Functioning of the European Union (TFEU) does not impose any obligation
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Energy Transition: A Labour Law Retrospective Ind. Law J. (IF 1.025) Pub Date : 2022-04-05 Paolo Tomassetti
Abstract This article investigates labour law and industrial relations implications of the energy transition from fossil-fuels to renewable energy sources. It discusses how and why different energy paradigms and their political economies have affected labour and industrial relations institutions over time. It is argued that sustainability of working conditions depends largely on organised labour’s
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The ABC Test: A New Model for Employment Status Determination? Ind. Law J. (IF 1.025) Pub Date : 2022-04-04 Guy Davidov,Pnina Alon-Shenker
Abstract The tests for identifying who is an ‘employee’—the gateway for a multitude of employment rights—have preoccupied generations of labour lawyers. It is relatively rare, however, to see a significant change in the law itself in this area. We are currently witnessing such a rare change in the USA, where a new test called the ‘ABC test’ was adopted in California and is gaining support elsewhere
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Problems Continue in the Horticulture Sector: the Seasonal Workers Pilot Review 2019 Ind. Law J. (IF 1.025) Pub Date : 2022-03-05 Davies A.
In March 2019, the UK government launched a pilot scheme offering six-month visas to migrant workers in the horticulture sector. The first year of operation of this scheme has now been evaluated by the Home Office and the Department for Agriculture, Food and Rural Affairs (DEFRA).11 It would have been easy to overlook the publication of this review, taking place as it did on 24 December 2021. However
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Is There ‘No Place in the Work Context’ for Religious Proselytism? Ind. Law J. (IF 1.025) Pub Date : 2022-03-05 Hambler A.
AbstractThe proposition that employers are right to prevent absolutely employees from proselytising their religious beliefs at work has been mooted by AG Sharpston, now retired Advocate General of the Court of Justice of the European Union, in her Opinion in Bougnaoui and Association de défense des droits de l’homme (ADDH) v Micropole SA. She argued this on three bases: that proselytism is not core
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The Future of the Employment Contract Ind. Law J. (IF 1.025) Pub Date : 2022-02-24 Collins H.
The Future of the Employment Contract by BrodieDouglas [Cheltenham: Elgar, 2021, 1232 pp., £85, hb ISBN 978178347 967 2]
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Should ‘Gender Critical’ Views about Trans People Be Protected as Philosophical Beliefs in the Workplace? Lessons for the Future from Forstater, Mackereth and Higgs Ind. Law J. (IF 1.025) Pub Date : 2022-02-14 Sharon Cowan, Sean Morris
Some Employment Tribunal claims brought under the Equality Act 2010 (EqA) involve situations where a person’s protection from discrimination on the grounds of a protected characteristic—such as sex, sexual orientation or gender reassignment—comes into conflict with the rights of others, such as, for example, the right to freedom of expression or the right to manifest religion or belief under the European
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Jobs and Homes. Stories of the Law in Lockdown Ind. Law J. (IF 1.025) Pub Date : 2022-01-25 Kirton-Darling E.
Jobs and Homes. Stories of the Law in Lockdown by RentonDavid [Legal Action Group, 2021, pp. 2161, ISBN 9781913648190]
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Walter Citrine. Forgotten Statesman of the Trades Union Congress Ind. Law J. (IF 1.025) Pub Date : 2022-01-03 Zahn R.
Walter Citrine. Forgotten Statesman of the Trades Union Congress by MoherJim [JGM Books, 2021, pp xxii + 377, ISBN 978 09557 107 28]
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A Critical Analysis of the Mauritius Workers’ Rights (Working from Home) Regulations 2020 in the Wake of COVID-19 Ind. Law J. (IF 1.025) Pub Date : 2022-01-03 Ambareen Beebeejaun,R P Gunputh
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Inching Forward: Preliminary Victory for Equal Value at Tesco and Asda Ind. Law J. (IF 1.025) Pub Date : 2021-11-27 Sandra Fredman
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No Turning Back from Social Europe: A New Interpretation of the Refurbished Posted Workers Directive in Hungary and Poland Ind. Law J. (IF 1.025) Pub Date : 2021-10-22 Marta Lasek-Markey
Irish Research Council10.13039/50110000208115954
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Ceding Control and Taking it Back: The Origins of Free Movement in EU Law Ind. Law J. (IF 1.025) Pub Date : 2021-10-22 Catherine Barnard, Sarah Fraser Butlin
Given the emphasis, at the time of the 2016 referendum, on the need to take back control of UK immigration policy, the article raises the question as to why the founding EU States decided not only to cede control in this sensitive field but also to allow such a generous approach to economic migration (to include not just workers but also their family members and to include equal access to benefits
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Modern Slavery and Directors’ Disqualification: A Convergence of Opportunity and Challenge Ind. Law J. (IF 1.025) Pub Date : 2021-10-22 Blanca Mamutse
Prevention and elimination of modern slavery is a priority of this era, eliciting responses at an international level and in domestic laws. The duty of organisations to ensure transparency in their supply chains is the strongest representation of corporate responsibility in this field. Less attention has been given to the current/potential role of insolvency mechanisms, in relation to companies’ commission
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Undermining the Role of Women in the Economy: The Interplay Between Paid Work and Unpaid Care Work in India Ind. Law J. (IF 1.025) Pub Date : 2021-10-22 Neha Vyas
Women are overrepresented in informal employment in the Indian labour market. They also devote more time to unpaid care work than men do. The poor working conditions of women are attributable to this double burden of work. Due to the lack of regulatory measures to protect the interest of informal women workers along with rigid gender norms, women’s participation in paid work is drastically reduced
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Special Issue, Work on Demand: Editorial Introduction Ind. Law J. (IF 1.025) Pub Date : 2021-10-22 Dukes R, Ioannou G, Kirk E.
European Research Council10.13039/501100000781757395
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Contracting for Work in Tourism and Catering in Greece: Beyond a State/Market Dichotomy Ind. Law J. (IF 1.025) Pub Date : 2021-10-08 Gregoris Ioannou
Drawing on a case study of contemporary employment relations in tourism and catering in Greece, this paper seeks to contribute to our empirical understanding of employment law. Which factors determine the ways in which the law is perceived by employers and workers and complied with, breached or avoided? The main argument of the paper is that not only market forces are relevant here; several other factors
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Labour Rights and the Catholic Church – The International Labour Organisation, the Holy See and Catholic Social Teaching Ind. Law J. (IF 1.025) Pub Date : 2021-10-06 Bell M.
Labour Rights and the Catholic Church – The International Labour Organisation, the Holy See and Catholic Social Teaching by BeckettPaul [Abingdon: Routledge, 2021, pp xii + 2811, ISBN 978 0 367 55633 4]
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Agreement to Discuss: The Social Partners Address the Digitalisation of Work Ind. Law J. (IF 1.025) Pub Date : 2021-10-07 David Mangan
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Determining the Impact of Migration on Labour Markets: The Mediating Role of Legal Institutions Ind. Law J. (IF 1.025) Pub Date : 2021-09-22 Manoj Dias-Abey
Critics of migration often claim that migrant workers displace local workers from jobs and apply downward pressure on wages. This article begins from the premise that it is impossible to understand the impact of migrant workers on labour markets without considering the functioning of law. Drawing on a reconstructed version of legal institutionalism, one that attends to the structuring influences of
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Law and Legalities at Work: HR Practitioners as Quasi-Legal Professionals Ind. Law J. (IF 1.025) Pub Date : 2021-09-20 Eleanor Kirk
Building upon research that explores the managerialisation of law and the production of ‘symbolic’ and ‘cosmetic’ compliance, this article explores the way in which HR professionals understand and engage in the (re)production of legality at work. Drawing on interviews, observation and discourse analysis, it presents rich qualitative data on the legal consciousness of HR professionals to argue that
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Reconceptualising the Nautical Fault Exception in the Fog of Emerging Technologies Ind. Law J. (IF 1.025) Pub Date : 2021-09-16 Melis Ozdel
It is expected that the maritime world will be significantly different by 2050, from smart ports through to blockchain-based shipping documents and autonomous vessels. As the maritime trade witnesses further developments in this field, there will be an inevitable struggle to harmonise the new technology vessels with the traditional rules of law. This article seeks to further the discussion of one of
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Race and Colonialism in the Construction of Labour Markets and Precarity Ind. Law J. (IF 1.025) Pub Date : 2021-09-15 Diamond Ashiagbor
This article explores the interconnections and continuities between racial inequalities in the contemporary labour market and the legacies of colonialism and racial distinctions woven into the evolution of market economy. It argues that race is embedded in the legal form by which labour is regulated. In its focus on the legal relations between individual subjects, namely, the contract of employment
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Before the Gig Economy: UK Employment Policy and the Casual Labour Question Ind. Law J. (IF 1.025) Pub Date : 2021-09-14 Noel Whiteside
Focussing on the UK, this paper considers how employment has been understood and identifies the policies pursued to promote specific models of working life over the course of the twentieth century. In recent decades, jobs on offer in Britain have become increasingly precarious, a trend actively promoted by governments of all political complexions. Labour markets have been deregulated, flexibility of
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Gig Work as a Manifestation of Short- Termism: Crafting a Sustainable Regulatory Agenda Ind. Law J. (IF 1.025) Pub Date : 2021-09-14 Tonia Novitz
Commercial platforms were once lauded as a facet of the sustainable ‘sharing economy’. Today, the short-termism associated with ‘gig work’ is widely condemned as an obstacle to sustainable development. This article begins by examining what is meant by ‘sustainability’, including how we might interpret and apply the Sustainable Development Goals adopted by the United Nations and endorsed by the International
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Trade Unions and Platform Workers in the UK: Worker Representation in the Shadow of the Law Ind. Law J. (IF 1.025) Pub Date : 2021-09-14 Alessio Bertolini, Ruth Dukes
Drawing on a series of interviews with key actors including representatives of the main trade unions, this paper considers the response of unions in the UK to the emergence and growth of platform work. Comparing the partly different strategies adopted by traditional and alternative unions in respect of the representation of platform workers’ interests, it demonstrates that the unions’ choices have
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Protection of Trade Union Activities or Managerial Prerogative? Trouble with Email Lists in University College London v Brown Ind. Law J. (IF 1.025) Pub Date : 2021-06-25 Tonia Novitz
This is the story of the Information Services Division (ISD) of a leading Russell Group member, University College London (UCL), and what happened where management wanted to reassert control over its email lists and thereby communications. When the local University and College Union (UCU) branch decided to reinstate what had been an established method of communication, an opt-out unmonitored email
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International Employment Cases Post-Brexit: Choice of Law, Territorial Scope, Jurisdiction and Enforcement Ind. Law J. (IF 1.025) Pub Date : 2021-07-24 Louise Merrett
The globalisation of employment relationships means that the international aspects of employment law are important in an ever growing number of cases. In particular, international employment cases may raise issues relating to international jurisdiction, choice of law and territorial scope. Before the UK left the EU, directly effective EU Regulations regulating jurisdiction and choice of law provided
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Worlds of Labour: Introducing the Standard-Setting, Privileging and Equalising Typology as a Measure of Legal Segmentation in Labour Law Ind. Law J. (IF 1.025) Pub Date : 2021-07-22 Irene Dingeldey, Heiner Fechner, Jean-Yves Gerlitz, Jenny Hahs, Ulrich Mückenberger
The Standard Employment Relationship (SER) in industrialised countries is associated with strong protection for employees who fulfil its criteria but tends to neglect those who do not. Although the theoretical concept of SER has had repercussions around the world, its global empirical incidence and the variation of regulatory patterns associated with it have not been scrutinised so far. Comparative
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Finding Fault in the Law of Unfair Dismissal: The Insubstantiality of Reasons for Dismissal Ind. Law J. (IF 1.025) Pub Date : 2021-07-08 Philippa M Collins
The question of whether an Employment Tribunal should accept the employer’s reason for a dismissal has received little attention in studies of the law of unfair dismissal. This shortage of analysis continues even though this stage holds the potential to decide the outcome of the case. The current approach to the interpretation of the five potentially fair reasons for a dismissal is to leave them undefined
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The 2020 Judicial Attitude Survey Reveals the Views of Employment Judges Ind. Law J. (IF 1.025) Pub Date : 2021-05-25 Susan Corby
Do British Employment Judges consider that they are paid a reasonable salary for the work that they do? Would they leave the judiciary if it was a viable option? Does their job give them a sense of achievement? Answers to these, and other questions, are revealed in a new survey that enables comparison over time and comparison with other categories of judicial postholders.
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The First Revision of the Hofmann Case Law on Maternity Leave and Discrimination Against Fathers: Care-Giving as the Pivot? Ind. Law J. (IF 1.025) Pub Date : 2021-05-17 Miguel De La Corte-Rodríguez
The Court of Justice of the EU (CJEU) has maintained since 1984, in its well-established Hofmann case law, that maternity leave is a legitimate exception to the principle of equal treatment between men and women to protect both a woman’s biological condition during and after pregnancy and the special relationship between a woman and her child over the period which follows childbirth. This case law