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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.

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.

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.

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.

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.

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties within DHS, as its website explains,

reviews and assesses complaints from the public in areas such as: physical or other abuse; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, or disability; inappropriate conditions of confinement; infringements of free speech; violation of right to due process … and any other civil rights or civil liberties violation related to a Department program or activity.

My chapter tracks the centrality of deportability in shaping the civil liberties and rights that DHS is tasked with enforcing. Over the course of the twentieth century, people on US soil saw an expanding list of civil liberties and civil rights. Important scholarship concentrates on the role of the courts, state and federal governments, advocacy groups, social movements, and foreign policy driving these constitutional and cultural changes. For instance, the scholarship illustrates that coming out of World War I, the US Supreme Court ruled that the First Amendment did not protect something the Justices labeled “irresponsible speech.” The Supreme Court soon changed course, opening up an era ever since of more robust First Amendment rights. What has not been undertaken in the literature is an examination of the relationship of deportability to the sweep of civil liberties and civil rights. Starting in the second decade of the twentieth century, federal immigration policymakers began multiplying types of immigration statuses. A century later, among many others, there is the H2A status for temporary low-wage workers, the H2B for skilled labor, and permanent residents with green cards. The deportability of each status constrains access to certain liberties and rights. Thus, in 2016, when people from the Office for Civil Rights and Civil Liberties within DHS act, they are not enforcing a uniform body of rights and liberties that applies equally to citizens and immigrants, or even within the large category of immigrants. Instead, they do so within a complicated matrix of liberties and rights attenuated by deportability, which has been shaped by the history of the twentieth century.

This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that pre-dispute mandatory employment arbitration expands employee access to justice.

It presents data from a novel survey of 1,256 employment plaintiff attorneys and the universe of employment disputes administered by the five largest arbitration providers in the United States.

I report multiple measures indicating employment lawyers hold negative views of arbitration and that arbitration acts as a barrier to employee access to justice: A majority of attorneys say employment arbitration clauses have a positive impact on their willingness to reject a case for representation and a negative impact on their willingness to accept a client under a contingency-fee arrangement, and report negative perceptions of the fairness of outcomes and the adequacy of due process protections in arbitration relative to litigation. Furthermore, attorneys report accepting potential clients covered by arbitration agreements at half the rate of potential clients able to sue in court. Finally, arbitration and litigation filing statistics reveal no evidence that low-income or low-value claimants or claims are accessing the arbitration forum.

Novel data compiled here illuminate the institutional characteristics of plaintiff-side employment lawyers and the arbitration forum. They question the assertion that arbitration is an accessible dispute resolution forum for employment disputes relative to civil litigation.

The aim of this study is to find out the managers’ perception of employment practices and human rights for Indonesian women employee. The research was conducted by using a quantitative and qualitative approach. Data collection was gathered through a questionnaire before performing the Kruskal-Wallis and Mann-Whitney U tests that compare the managers’ perception. The samples for the research were top-, middle-, and low-level managers in Indonesian companies. Three primary managers’ perceptions concerning human rights were found. They are requirement of a particular unit to handle discrimination complaint, guarantee of rights to associate and give opinions, and workforce. There are also three primary managers’ perceptions on employment practices. They are sexual harassment, time flexibility for breastfeeding, and training for counseling facilities and employee risk anticipation. The originality of this study is empirical exploration of multilevel managers’ perception of women employment practices and human rights in Indonesia.

The purpose of this chapter is to survey and synthesis the literature on: (1) myths and misinformation about persons with disabilities that create attitudinal barriers to employment, (2) best practices in employing persons with disabilities, (3) the business case for hiring persons with disabilities and (4) corporate social responsibility and disability, in order to distill a model for changing corporate culture for successfully integrating employees with disabilities into an organizations workforce.

An extensive review of the above mentioned literature is synthesized and distilled into a model.

The review indicates a number of best practices to be implemented in order to successfully integrate employees with disabilities into the workforce. These factors have been synthesized into a model to guide employers in affecting corporate cultural change to address the integration of person with disabilities into the organization.

A systematic approach to integration of employees with disabilities, informed by the significant business logic for doing so.

The chapter provides an extensive survey of the literature on disability employment and highlights attitudinal barriers to employing persons with disabilities, the business case and social responsibility case for employing persons with disabilities, the best practices for success and synthesizes these factors into an original model to guide business in cultural change making.

This chapter discusses how trade union structuring and organisation in the West and Asia shapes how they respond to government and employer pressures to extend working life. Class-based solidarity building in the West should lead to unions protecting employment and pension rights by mobilising members to defend the ‘right to retire’ while campaigning for protections of all older workers. Enterprise unionism in Asia, on the other hand, should mean that unions use their close relationships with government and employers to protect the job security of core employees and mobilise company-based solidarity. Drawing on the survey data, expectations and awareness of union members and non-members are compared in the United Kingdom and Hong Kong. It is shown that British union members have a greater understanding of their employment rights and retirement savings while in Hong Kong union membership correlates with better understanding of company HRM policies.

Barriers to employment are a significant issue in the United States and abroad. As civil rights legislation continues to be enforced and as employers seek to diversify their workplaces, it is incumbent upon the management field to offer insights that address obstacles to work. Although barriers to employment have been addressed in various fields such as psychology and economics, management scholars have addressed this issue in a piecemeal fashion. As such, our review will offer a comprehensive, integrative model of barriers to employment that addresses both individual and organizational perspectives. We will also address societal-level concerns involving these barriers. An integrative perspective is necessary for research to progress in this area because many individuals with barriers to employment face multiple challenges that prevent them from obtaining and maintaining full employment. While the additive, or possibly multiplicative, effect of employment barriers have been acknowledged in related fields like rehabilitation counseling and vocational psychology, the Human Resource Management (HRM) literature has virtually ignored this issue. We discuss suggestions for the reduction or elimination of barriers to employment. We also provide an integrative model of employment barriers that addresses the mutable (amenable to change) nature of some barriers, while acknowledging the less mutable nature of others.

There has been considerable research into different approaches to workplace dispute resolution in the United States (US), the United Kingdom (UK), and to a lesser extent other English-speaking countries. This chapter considers what guidance this research can provide into the practical implications of these different approaches.

One frame of reference for evaluating different approaches to workplace dispute resolution is provided by Budd’s three objectives of the employment relationship: equity, voice and efficiency.

While dispute resolution procedures can contribute to all three objectives, there can be negative consequences for employees who make use of formal workplace dispute resolution procedures. It is desirable that workplace disputes be resolved quickly and informally.

Such an approach places considerable weight on the skills of line managers. Unfortunately, there is evidence of a preference among line managers to replace pragmatic approaches to conflict resolution with a rigid adherence to process and procedure. This is partly due to a lack of skills, but is often compounded by inadequate support from senior management.

While it is important for organisations to have formal workplace dispute resolution procedures, the focus should be on line managers. The role of human resources staff and senior management should primarily be to monitor the dispute resolution system, ensure that it is operating effectively and deal with any emerging issues. They should ensure appropriate training is in place and provide appropriate support to line managers. Only when line managers have failed to resolve disputes should they become directly involved.

The empirical literature that attempts to study rights is at an impasse. It can demonstrate that big claims about how some rights structure politics are overblown, but it has struggled to go beyond this step. This is in large part because studying rights is much more difficult than is commonly appreciated. A study of rights promises implicitly to be a study of how rights politics differs from other kinds of politics. But rights are so ubiquitous and so diverse in form that it is often unclear what the excluded other is. We examine three books on rights that we admire: two by political scientists, Gerald Rosenberg's The Hollow Hope and Michael McCann's Rights at Work, and one by an anthropologist, Sally Merry's Human Rights and Gender Violence. These books conceptualize rights in diverse ways, in diverse settings, using diverse methodologies; yet they run up against similar difficulties in trying to think beyond the cases they study. At the conclusion, we make some humble suggestions for how researchers might try to overcome these problems.