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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 occurred in…

1090

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.

Details

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

Keywords

Article
Publication date: 1 February 1988

Jo Carby‐Hall

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 The Redundancy Payments Act 1965 has been repealed and the provisions on redundancy are now to be found in the Employment Protection (Consolidation) Act 1978.

Details

Managerial Law, vol. 30 no. 2/3
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 30 March 2020

Barry Collins

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.

Details

Conflict and Shifting Boundaries in the Gig Economy: An Interdisciplinary Analysis
Type: Book
ISBN: 978-1-83867-604-9

Keywords

Book part
Publication date: 29 February 2008

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…

Abstract

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.

Details

Surveillance and Governance: Crime Control and Beyond
Type: Book
ISBN: 978-0-7623-1416-4

Article
Publication date: 1 March 1993

J.R. Carby‐Hall

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.

Details

Managerial Law, vol. 35 no. 3
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1986

Peter J. Perry

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.

Details

Managerial Auditing Journal, vol. 1 no. 1
Type: Research Article
ISSN: 0268-6902

Article
Publication date: 1 February 1992

Linda Dickens

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…

Abstract

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.

Details

Employee Relations, vol. 14 no. 2
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 8 September 2014

Sarah Stewart

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.

Details

Journal of Workplace Learning, vol. 26 no. 6/7
Type: Research Article
ISSN: 1366-5626

Keywords

Article
Publication date: 1 January 1978

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…

1374

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:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1975

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.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

1 – 10 of over 8000