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1 – 10 of over 8000Discusses 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…
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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The original legislation which introduced the redundancy payments scheme was the Redundancy Payments Act 1965. This was the first of the substantive statutory individual…
Abstract
The original legislation which introduced the redundancy payments scheme was the Redundancy Payments Act 1965. This was the first of the substantive statutory individual employment rights given to an employee; other individual employment rights, as for example, the right not to be unfairly dismissed, followed some years later. The Redundancy Payments Act 1965 has been repealed and the provisions on redundancy are now to be found in the Employment Protection (Consolidation) Act 1978.
The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection…
Abstract
The issue of employment status lies at the heart of much conflict in the gig economy, with many gig economy workers effectively excluded from statutory employment protection because of it. Establishing employment status continues to be the gateway to accessing most UK statutory employment rights, a fact which makes the exclusion of casual workers from much statutory protection seem arbitrary and unjust. Employment status has been historically determined by common law conceptions of the contract of employment. This creates particular difficulties for casual workers, who have typically had to prove a requirement to perform personal service and to show that the contract was based on mutual obligations in order to be recognised as employees. The advent of the gig economy has seen the concept of employment status evolve as courts and legislators have struggled to adapt to a more flexible labour market. Likewise, gig economy employers have gone to considerable lengths to try to circumvent the legal protections available to their workers. This chapter will examine the evolving role of common law doctrine in defining employment status and the emergence of the category of ‘worker’ as an definition of employment status for those who work in the gig economy. It will analyse prominent cases involving gig economy employers (such as Uber BV v Aslam) and explore how these cases have re-defined contractual doctrine. Finally, the chapter will analyse the Taylor Review (2017) and examine the viability of a conceptual uncoupling of statutory employment protection from contractual doctrine.
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Nathan Harris and Jennifer Wood
This chapter is interested in the challenge of governing beyond crime, surveillance and control. It argues for the need to re-imagine the governance of security in ways designed…
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This chapter is interested in the challenge of governing beyond crime, surveillance and control. It argues for the need to re-imagine the governance of security in ways designed to both build and enrol the capacities of different actors. The authors draw on regulatory theory and the ideas developed in the areas of ‘responsive regulation’ and ‘nodal governance’ to explore the opportunities for, and the challenges associated with designing governance institutions and processes that serve to de-centre hierarchy, command and interventionism as essential rationalities and practices. Its empirical focus is on the case of child protection, where the authors argue for the importance of nurturing the capacities of families and communities to govern both beyond and in tandem with hierarchical modalities. It is hoped that the theoretical issues raised and the agenda articulated can be engaged with across a variety of empirical domains.
In recent years there has been a shift in the labour market. The model of full‐time employment has in numerous cases been replaced by a model of more flexible forms of employment…
Abstract
In recent years there has been a shift in the labour market. The model of full‐time employment has in numerous cases been replaced by a model of more flexible forms of employment. Novel forms of contractual relationships have thus emerged, some of the more common ones being part time; short term; and homeworking (and piece working) contracts. Important as they are, it is not proposed to consider part‐time and short term employment in this monograph. What will be analysed is the notion of the homeworker.
The law has an increasing impact on business operations. This article reviews the relevance of the law to auditing practice based on the current legislation operating in Australia…
Abstract
The law has an increasing impact on business operations. This article reviews the relevance of the law to auditing practice based on the current legislation operating in Australia which can serve as a basis of comparison with other countries.
Part‐time workers (a quarter of all employees in Britain) are onesection of the “atypical” workforce singled out forattention by the EC Commission. Examines directives on atypical…
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Part‐time workers (a quarter of all employees in Britain) are one section of the “atypical” workforce singled out for attention by the EC Commission. Examines directives on atypical workers issued as part of the Social Charter′s Social Action Programme. Assesses the likelihood of directives′ provisions being adopted. Discusses the decisions of the European Court of Justice, which may have a profound impact on part‐time work, whether or not the directives are adopted, and outlines developments in employer and union policy on part‐time workers.
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This paper aims to shed light on the complex multiplicity of domestic violence interagency work. It proposes a new conceptualisation that reflects the entangled nature of…
Abstract
Purpose
This paper aims to shed light on the complex multiplicity of domestic violence interagency work. It proposes a new conceptualisation that reflects the entangled nature of professional practice and learning.
Design/methodology/approach
The research on which this paper draws is an ethnographic study of practice in an integrated local domestic violence initiative. Data include focussed workplace observations, semi-structured interviews and key documents. The study draws on practice-based sociomaterial approaches and the conceptual framework, and methodology is informed by actor-network theory, in particular, the work of Annemarie Mol.
Findings
Findings suggest that interagency work that starts from the victim and traces threads of connection outwards is able to “hang together” as “practice multiple” in integrated service provision. I argue that the learning that happens in these circumstances is a relational effect and depends on who and what is assembled in the actor-network.
Research limitations/implications
The research has significant implications for framing understandings of domestic violence interagency work, as it firmly anchors “working together” to victims. Findings are expected to be of interest not only to practitioners, educators and researchers but also to policymakers.
Originality/value
The paper addresses a current gap in the literature, applies a novel research approach and proposes a new conceptualisation of domestic violence interagency work.
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The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…
Abstract
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.