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South African companies employing 50 or more employees or those with a specified financial turnover, are required to comply with the provisions of the newly introduced Employment Equity Act. Prior to the introduction of the Act, large companies in the country had already introduced strategies of affirmative action to achieve employment equity. This paper highlights some of the strategic and operational concerns surrounding employment equity legislation in South Africa and reviews broad practices of employment equity in Malaysia, India, the USA, Canada, Britain and Zimbabwe. Lessons for the effective implementation of employment equity in South Africa are identified.

A new anti‐discrimination law came into operation in Northern Ireland from the 1 January 1990. The Fair Employment (NI) Act 1989 supersedes most of the Fair Employment (Nl) Act 1976 and involves a radical departure by Government in the manner in which it tackles the issues of employment discrimination in Northern Ireland. This article describes the background and content of the new legislation. It explores some of the problems the legislation raises for management and examines the impact of the legislation in the field of employment discrimination.

The purpose of this paper is to place empirical research on New Zealand employers’ attitudes to collective bargaining and legislative change within the context of the long running debate of flexibility.

A cross-sectional survey design using a self-administered postal questionnaire, covering private sector employers with ten or more staff and including employers within all 17 standard industry classification. To explore particular issues, an additional in-depth interviews were conducted of 25 employers participating in the survey.

It is found that employers support overwhelmingly recent legislative changes though there are variations across industries and firm sizes. There is also considerable variation in terms of which legislative changes are applied in the workplace. Despite fewer constraints on employer-determined flexibility, there was a rather puzzling finding that most employers still think that employment legislation is even balanced or favouring employees.

Cross-sectional survey findings of New Zealand employer attitudes to legislative changes are few and provide valuable data for policy makers, unions, employers and employment relations researchers. The paper also contributes to a more comprehensive understanding of pressures to increase employer-determined flexibility in many western countries.

This article explores developments in statutory individual employment rights since the election of the Labour Government in 1997. It also discusses the mechanisms for the adjudication and enforcement of individual employment rights. There have been changes in the institutions and dispute settlement processes and procedures, although I argue that an opportunity for a radical re‐think was missed. There are continuities with Conservative thinking, as well as departures from it. Part of my argument is that policy is being based on a problematic representation of “the problem” of increased exercise of individual rights. There is also a neglect of the inter‐relationship between individual employment rights and collective representation at the workplace. The weakening of individual employment rights under previous Conservative Governments was achieved in part by weakening collective organization. Although the Labour Government has addressed the former by strengthening and expanding individual statutory rights, I argue that achievements are constrained by its seeming ambivalence towards the latter.

This paper examines actors and discourses shaping new Canadian legislation designed to advance diversity in corporate governance.

This paper performs a stakeholder and discourse analysis drawing on texts of parliamentary debates.

The paper illuminates tensions regarding definitions of diversity, its importance for boards of directors and the mechanisms favoured for implementation. Official discourses examined show that, unlike for other political issues, opposition was largely muted, and most stakeholders engaged in the process supported legislation advancing diversity. Nonetheless areas of debate and positioning by actors and suggest important differences, with outcomes linked to non-traditional power bases.

This study provides insights into the discursive environments of organizations and processes relating to promoting diversity and equality in the political decision-making domain, a critical venue for understanding advancement of equity, often neglected in organizational studies.

By understanding the complex and competing discourses surrounding diversity and inclusion at the macro level this paper provides a context for understanding organizational (meso) and individual (micro) beliefs and behaviours.

This study shows how advocacy shapes how policy and legislation are framed and the ways mainstream organizations, including women's groups, may advance gender equality without regard to other dimensions of diversity or intersectionality.

This study maps the political discourse around recent Canadian legislation designed to improve diversity on boards that must, in the Canadian context, address more than gender.

Employment protection legislation defines social criteria according to which firms can dismiss workers. If firms evade the law, then negotiation about compensation begins. To reduce the legal and financial uncertainty often associated with ex post bargaining, the German government stipulate severance payments in the case of mutual agreements in law in 2004. This paper aims to examine whether social criteria affect the dismissal probability of workers.

The probability of receiving compensation and the factors determining the amount of severance payment are estimated when it comes to private negotiations about the termination of an employment contract. In addition, the effect of the reform of the employment protection legislation on the probability of receiving compensation and the amount of redundancy pay is analysed. A stepwise estimation strategy is developed to account for sample selection bias when examining which workers receive severance payments and the determinants of severance pay variation. Empirical evidence is provided using German panel data for the period 2000‐2006.

The paper shows that workers protected by law have the lowest probability of being dismissed. The expected severance payment and firm size increase the probability of receiving compensation while the amount of severance payment depends significantly on the way the employment relationship is dissolved. Contrary to the intention of the legislator, the reform increases the level of compensation.

The paper fills a gap in the literature by taking into account selectivity bias when estimating the probability of receiving redundancy pay and the size of compensation. The evidence also provides insights which may be useful for the ongoing discussion to reform employment protection legislation in Germany.

The recent House of Lords decision in Carmichael v. National Power plc decided that a casual/zero‐hours worker was self‐employed and thus excluded from most of the basic employment statutory rights. The aims of this article are to note the incidence and characteristics of the casual workforce in the UK and EU; to explore the current legal framework applying to casual workers, including the decision and implications of Carmichael; to note recent and intended legal measures which have particular relevance for casual workers; to evaluate the likely effectiveness of those recent or proposed legal measures; and to consider possible alternative strategies to establish an appropriate framework for casuals.

This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and economic democracy, which centres around the establishment of a new sector of employee‐controlled enterprises, is presented. The proposal would retain the mix‐ed economy, but transform it into a much better “mixture”, with increased employee‐power in all sectors. While there is much of enduring value in our liberal western way of life, gross inequalities of wealth and power persist in our society.

Employment law recognised the value of whistleblowing with the enactment of the Public Interest Disclosure Act 1998, protecting a ‘worker’ against dismissal and victimisation. Whistleblowers are particularly vulnerable in the gig economy as they may fall outside the statutory definition of ‘worker’ for the purposes of the whistleblowing legislation. This makes a study of whistleblowing in the gig economy pertinent. This chapter explores the statutory definition of ‘worker’ with regard to the current whistleblowing provisions and considers the barriers it presents for gig workers. Judicial interpretation of the definition is examined through an analysis of recent case law that shows much inconsistency and a conflict of judicial approach. The resulting blurred boundaries of the legal term leave a gig worker uncertain as to the level of their protection for blowing the whistle. The need for reform to protect individuals in a wide range of working relationships is clear. It is argued that the new EU Whistleblowing Directive, in protecting ‘work-related activity’, provides better protection for all whistleblowers. The role of human rights in extending the status of work is also advanced. Finally, the implications of developments in this area for key stakeholders in the gig economy are considered highlighting the importance of creative new approaches to give voice to all workers.

The purpose of this paper is to investigate the effect of employment protection legislation (EPL) on self-employment in a comparative analysis between immigrants and natives. Specifically, it investigates whether, as a result of more stringent regulations, self-employment becomes a vehicle for better labour market integration for immigrants and natives, and for better matching between the supply and demand of labour and skills.

The authors use OECD indicators on the strictness of EPL, self-employment rates calculated for natives and immigrants from the EU Labour Force Survey and a range of control variables, in a longitudinal study covering 18 European countries over the period 1995–2013. The analysis employs a panel regression with random effects as the baseline model, with country and time fixed effects models serving for robustness checks.

The results indicate that EPL of regular contracts affects native self-employment positively, with some evidence of a negative effect for immigrants. On the other hand, EPL of temporary contracts positively affects immigrants’ self-employment. These results indicate that a stricter EPL crowds out incumbent native workers from the prime employment segment of regular contracts into self-employment, whereas a similar effect exists for immigrant workers in the segment of temporary contracts. This is consistent with the hypothesis of segmentation of labour market opportunities between insiders and outsiders, with implications for immigration, employment and entrepreneurship policies.

This is the first study to systematically study the effect of EPL on immigrant and native self-employment in a comparative framework. It elucidates to what extent self-employment serves as an alternative channel of labour market integration in response to less and more strict regulation of regular and temporary employment contracts. Distinguishing immigrant and native workers helps us understand how these effects may differ for outsiders and insiders in the labour market, as represented by the two groups.