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Describes two‐way dialogue, between each side of industry, is a key element in social policy. Proposes to analyse and comment on some of the social dialogue, in particular both the role and significance of this notion in the soon‐to‐be enlarged Europe. Acknowledges that the ten candidate countries that join on 1 May 2004 must build a social dialogue and negotiate and conclude collective agreements.

Although workers' organisations operated in the early nineteenth century and “…. workers in every trade were becoming very much alive to the necessity for defending their standards”, nevertheless “The first twenty years of the nineteenth century, witnessed a legal persecution of trade unionists as rebels and revolutionists”. The beginnings of modern trade unionism may be traced to about 1850 where a number of craft unions, as for example, miners' and engineering unions, were successful in establishing themselves, and slowly building up their financial resources and thus acquiring sufficient strength to enable them to bargain on almost equal terms with the employer.

This article has been withdrawn as it was published elsewhere and accidentally duplicated. The original article can be seen here: 10.1108/eb022433. When citing the article, please cite: Jo Carby-Hall, (1988), “REDUNDANCY”, Managerial Law, Vol. 30 Iss: 2/3, pp. 1 - 49.

This article has been withdrawn as it was published elsewhere and accidentally duplicated. The original article can be seen here: 10.1108/03090550210770498. When citing the article, please cite: Jo Carby-Hall, (2002), “The judge and social law: jurisprudential policies in interpreting and making laws”, Managerial Law, Vol. 44 Iss: 3, pp. 7 - 26.

The Employment Act 1990 is the sixth piece of major industrial relations and trade union legislation brought in by the Tory government since 1979. Each of this legislation continues the step by step reforms which, — in the belief of this goverment, — are needed to counteract the adverse effects on the economic performance and efficiency of this country. The political aims of this legislation are also obvious; they weaken trade unionism. In two Green Papers, namely “Removing barriers to employment” and “Unofficial action and the law” the government identified a number of “weaknesses” and “evils” in the industrial relations and trade union system; which are now dealt with by the 1990 Act.

Focuses on two key aspects of the rule of law – equality before the law and the universal application of the same system of law to all people – and examines these requirements in the context of the European Works Council (EWC) Directive, aimed at establishing a European‐wide legal framework for transnational information and consultation. Looks at the philosophy behind the EWC concept, discussing its historical context, the rationale for its adoption, its provisions and certain implementation problems, and considers the implications and consequences of the Directive for the UK, which is in the process of adopting it. Spotlights three problematic areas relating to recognition and employee representation, the potential consequences of late implementation and uniting different employee representative arrangements, and identifies three aspects of inequality relating to both employers and employees that appear to breach the rule of law. Concludes that the Directive represents a first step towards achieving true employee participation and a transnational industrial relations system.

Judging from the enormous amount of case law which has taken place on unfair dismissal claims since its initial introduction by the Industrial Relations Act 1971, this branch of the law of dismissal has proved more popular than the common law of wrongful dismissal which, though significantly less sought after, is still of importance in certain circumstances. The implications and functions of the law of wrongful dismissal have already been treated. Nothing further need be added; the reader is therefore referred to the appropriate monograph.

In the last monograph an attempt was made at giving a short historical background of the trade union movement; at defining a trade union; at discussing the closed shop and at looking towards its future.

An employee who is eligible to make a complaint for unfair dismissal has to prove that he has been dismissed by the employer if the employer contests that the employee has in fact been dismissed. If the dismissal is not contested, all the employee has to do is to show that he has been dismissed. This constitutes the first stage of the proceedings in an industrial tribunal.