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Book part
Publication date: 19 July 2016

Alexander J. S. Colvin

The decline of collective representation and rise of individual employment rights is a transformative shift in employment relations that has changed the landscape of…

Abstract

Purpose

The decline of collective representation and rise of individual employment rights is a transformative shift in employment relations that has changed the landscape of workplace dispute resolution. I propose a model that seeks to provide a new approach to understanding how workplace dispute resolution functions in the era of individual employment rights.

Methodology/approach

The model I propose focuses the analysis on the elements that connect the structure of rights that are enacted to the patterns of employment practices in the workplace.

Findings

My argument is that the systems for enforcement of individual employment rights and the mechanisms of representation for the employees affected are as important as the substantive rights themselves in determining the impact of the individual rights regime. These three elements combine to determine the degree to which the individual employment rights serve as an effective source of power for employees in relation to their employers.

Research implications

The establishment of these sources of power is what then results in the individual rights regime producing an effect on the employers’ patterns of practices in the workplace and ultimately determining the nature and character of the employment relationship.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

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Article
Publication date: 1 December 2002

Linda Dickens

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…

Abstract

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.

Details

Employee Relations, vol. 24 no. 6
Type: Research Article
ISSN: 0142-5455

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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…

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

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Article
Publication date: 23 March 2020

Chhote Lal Yadav

The purpose of this paper is to discuss the cultural rights of labour in maritime employment a conceptual understanding.

Abstract

Purpose

The purpose of this paper is to discuss the cultural rights of labour in maritime employment a conceptual understanding.

Design/methodology/approach

The paper is qualitative in nature which deals the maritime employment policies, rules and regulations related to cultural rights in India.

Findings

This conceptual research paper gives an introductory framework of the cultural rights of labour in maritime employment in India.

Research limitations/implications

This research paper would be helpful to the maritime entities and researchers to looking the issue of cultural rights aspects of labour in maritime employment.

Originality/value

This paper is one of the cultural rights approaches with respect to labour in maritime employment in India.

Details

International Journal of Law and Management, vol. 62 no. 2
Type: Research Article
ISSN: 1754-243X

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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.

Details

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.

Details

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

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Article
Publication date: 1 January 1991

Bertram Gross

Why isn't the four letter word beginning with f— used in the title of this conference.

Abstract

Why isn't the four letter word beginning with f— used in the title of this conference.

Details

International Journal of Sociology and Social Policy, vol. 11 no. 1/2/3
Type: Research Article
ISSN: 0144-333X

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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

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

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Article
Publication date: 1 December 2003

Jo Carby‐Hall

Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of…

Abstract

Proposes to treat social law contracts by covering the two most important aspects of the contract of employment, and also the collective agreement. Covers the contract of employment in full with all the integral laws explained as required, including its characteristics, written particulars, sources or regulations, with regard to employers, are also covered. Lengthy coverage of the collective agreement is also included, showing legal as well as moral (!) requirements, also included are cases in law that are covered in depth.

Details

Managerial Law, vol. 45 no. 3/4
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 March 1990

Jo Carby‐Hall

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…

Abstract

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.

Details

Managerial Law, vol. 32 no. 3/4/5
Type: Research Article
ISSN: 0309-0558

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