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Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

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Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 May 1992

John Harris

Aims to examine the impact of health and safety legislationemanating from the European Community and to analyse what effect, ifany, it will have on British occupational…

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1229

Abstract

Aims to examine the impact of health and safety legislation emanating from the European Community and to analyse what effect, if any, it will have on British occupational health and safety law. An examination of the social action programmes shows that the pace of change has increased rapidly since the Single European Act was incorporated into the Treaty of Rome and became operative from July 1987. Because of rapid changes that are occurring on a broad front there was a need to be selective. Emphasizes to some extent, therefore, the construction industry because it would appear that European legislation is likely to have a major impact on British law and practice in this industry.

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International Journal of Manpower, vol. 13 no. 5
Type: Research Article
ISSN: 0143-7720

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Article
Publication date: 1 December 2002

Jo Carby‐Hall

Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have…

Abstract

Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.

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Managerial Law, vol. 44 no. 6
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 June 2001

Jo Carby Hall

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together…

Abstract

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an analysis and appraisal. Considers, first, information and consultation rights with regards to the transfer of undertakings and redundancies, followd by the right to collective action and, lastly, protection in the event of unjustifiable dismissal. Presents case law throughout as examples. Concludes that the UK has attempted to prevent social and economic rights for workers from being included in the final charter despite fierce opposition. Compares this view together with the UK suspicion of Europe against the views of the other member states.

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Managerial Law, vol. 43 no. 3/4
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 February 2004

Lucie Thébault

Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in…

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Abstract

Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989, and the Prestige in 2002. The European Union (EU), which theretofore seemed to be neglecting maritime safety appears to have developed a maritime culture. The EU seems to have adopted the International Maritime Organisation’s (IMO) attitude regarding safety protocols, which must be a right and proper thing to do. Concludes that shipping has needed, and is now receiving, a proactive approach with regard to safety from the EU which should limit, as far as possible, disasters of both a human and ecological kind for the maritime world.

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Managerial Law, vol. 46 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 7 October 2013

Nikolay Nikolov

The aim of this article is to formulate and represent some common characteristics about conflict of interest as a global legal occurrence. All the conclusions made here…

Abstract

Purpose

The aim of this article is to formulate and represent some common characteristics about conflict of interest as a global legal occurrence. All the conclusions made here are based upon 11 European countries legislations. As do similarities so do differences in every separate legislation give us the reasoning that there is a common European model on conflict of interest. The aim of the article is to provoke a discussion on this topic which is to help creating a new and better European legislation in the field of conflict of interest.

Design/methodology/approach

The basic methods used for writing the article are comparison and analysis on the judicial system concerning conflict of interest in the treated European countries.

Findings

Conflict of interest is extremely important governmental instrument in the fight against corruption and spending funds or using public properties for private purposes. Besides some of the analyzed countries, i.e. Germany, where such an act is treated as a crime according to the criminal code, the conflict of interest is an administrative offence. Finding conflict of interest is a matter in the field of administrative control, so when there is a conflict of interest, it follows that administrative punishment should be enforced. There exists a conjunction between the substantive staff dealing with conflict of interest in much of the mentioned countries. Two main types of finding were described – by a specialized governmental body or by the appointment authority or by some other internal for the departmental system body.

Originality/value

The article claims that conflict of interest aims for higher public trust towards institutions and to consolidate democracy. As far as conflict of interest is often applied when the concern is spending a considerable funds, including supranational, there comes the question for the need of a new supranational legislation. A review was made on the conflict of interest in European countries. Free movement of people, goods and capital in EU boundaries demands a broadening of the existing legislative system.

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Journal of Financial Crime, vol. 20 no. 4
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 June 1995

Jo Drew

Gives an overview of the European Commission and its directives,including its production of services designed to meet the needs ofmanagers in information retrieval…

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356

Abstract

Gives an overview of the European Commission and its directives, including its production of services designed to meet the needs of managers in information retrieval. Assesses its online and hard copy services, the network of European Information Centres and European Documentation Centres. Details sources of European information including business practices, trade associations, company information, legislation, market information.

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Management Decision, vol. 33 no. 5
Type: Research Article
ISSN: 0025-1747

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Article
Publication date: 1 July 2001

Tim Knowles

The central message coming out of this paper is that the realisation of food safety legislation within the context of the European internal market, whilst laudable, has…

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2219

Abstract

The central message coming out of this paper is that the realisation of food safety legislation within the context of the European internal market, whilst laudable, has encountered, and will continue to meet with difficulties in its effective implementation. In considering specifically food safety within the European hotel industry, there has been a move away from prescription to generalised principles contained within the relevant legislation. Yet, with such flexibility, differences have emerged in interpretation, all at the expense of the single market, free of trade barriers. The size of the EU inevitably means that more emphasis regarding food safety procedures will be placed on shifting responsibility to hotel proprietors and also on appropriate monitoring by authorities. However, because of the nature and structure of the European hotel industry, in terms of chain and independent hotels, and its transient workforce, the evidence suggests that a substantial minority are still not ready to assume those responsibilities.

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International Journal of Contemporary Hospitality Management, vol. 13 no. 4
Type: Research Article
ISSN: 0959-6119

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Article
Publication date: 23 January 2007

Colin Clark, Michael De Martinis and Maria Krambia‐Kapardis

To examine the enabling legislation of European Union (EU) member country supreme audit institutions (SAIs) for their accountability to parliament and independence from…

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2164

Abstract

Purpose

To examine the enabling legislation of European Union (EU) member country supreme audit institutions (SAIs) for their accountability to parliament and independence from the executive arm of government.

Design/methodology/approach

The sample comprises the SAIs of the 25 EU member countries and the European Court of Auditors. Data were collected on 30 accountability and independence issues directly from the enabling legislation of these SAIs.

Findings

Results indicate that apart from a number of instances where the enabling legislation is silent, provisions generally provide for adequate independence of the SAIs from the executive arm of government. On the other hand, the provisions for the accountability of the SAIs to parliament are somewhat weaker.

Research limitations/implications

If actual practice or convention does not reflect the literal interpretation and application of the enabling legislation, then SAIs may have more or less independence and/or accountability than suggested by the analysis of the legislation alone.

Practical implications

Results of this study highlight where current provisions could be further strengthened through appropriate amendments to the enabling legislation.

Originality/value

Such findings may be useful to policy makers and legislators.

Details

European Business Review, vol. 19 no. 1
Type: Research Article
ISSN: 0955-534X

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Article
Publication date: 1 March 1984

Christine Jonkheere and Florence Gerard

This article is a marginally shortened version of Supplement No. 15 to Women in Europe. The European Community answers a series of 50 questions relating to women and employment.

Abstract

This article is a marginally shortened version of Supplement No. 15 to Women in Europe. The European Community answers a series of 50 questions relating to women and employment.

Details

Equal Opportunities International, vol. 3 no. 3
Type: Research Article
ISSN: 0261-0159

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