Bøger i Oxford Monographs on Labour Law serien

Presents a legal study of the European Union's strategy to combat unemployment. This book draws on labour law and economic theories of labour market regulation to chart the evolution of the European Union Employment Strategy and the forms of governance to which it has given rise.

The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making.

This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.

The reconciliation of unpaid care work and paid employment is among the most pressing and difficult problems currently facing employment law. Nicole Busby assesses the potential to situate a right to care within employment law, and for the recognition of carer status as a means of protecting against discrimination in employment.

The author elucidates the general legal rules and principles of the law of unfair dismissal and offers an account of the context in which the idea of protection from unfair dismissal has developed and currently operates.

This book makes a contribution to the study of Labour Law. It offers an account of the failures of the current approach adopted in the UK (even with the EC reinforcements) for the securing of more equitable arrangements on pay. It provides insight into the strengths and weaknesses of different approaches adopted in other parts of the world.

Exploring the case for European Union intervention in domestic labour law, this monograph sets out the various arguments which can be made for EU intervention. It goes on to consider the different ways in which the EU has intervened, aiming to provide insight into the implications of shifts in policy-making technique.

This book examines the regulation of 'flexible' or 'non-standard' forms of work, including part-time, temporary and temporary agency work. It explores how labour law can evolve to protect workers more adequately in the changing workforces and evolving working arrangements of contemporary industrialized economies.

Provides an analytical study of the modern English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, this title takes an account of relevant British and European Community legislation, including the Employment Act 2002.

This work examines employment law implications for employees who exercise the right to freedom of speech, and argues for increased rights to free speech in this context. After a study of the philosophical basis for protecting the right to free speech, breach of contract is considered.

This book examines different approaches to the study of labour law, comparing traditional with more market-focussed approaches. It argues that the idea of the labour constitution continues to offer a useful framework for scholarly analysis, emphasising the critical nature of the link between democracy and the protection of workers' interests.

Outlining the problems relating to the right to strike under British law, this book also looks at the matter of the payment of wages and unemployment benefit during a trade dispute. The systems in Ireland and Europe are also discussed in order to highlight options pursued in other jurisdictions.

Women are still far from equal to men yet discrimination on the grounds of sex is unlawful. This book asks the question: why has the law had so little impact? It concludes that only when men and women participate equally in both family life and the paid workforce will real progress in the arena of sexual equality be made.

This title examines international and European protection of the right to strike. In particular, it focuses on the extent to which the International Labour Organisation, the Council of Europe and the European Union have set standards designed to protect those who organise or participate in industrial action.

This book explores the conceptual framework of European employment law through a comparative analysis of domestic national laws and their interaction with EU law. The focus throughout is on understanding current developments in the law's picture of working relationships, and exploring the potential for further harmonisation of employment law.

Welfare to work programmes that apply conditions to benefits constitute a new type of social contract between claimant and State. This book argues that conditional welfare undermines civil rights and that strengthening welfare rights and relaxing rules of entitlement would better achieve the ends that welfare to work programmes should advance.

Provides an account and analysis of British labour legislation and labour market regulation since the 1990s. This work concentrates on the legislation and policy measures in the employment sphere of the New Labour governments which have been in power since 1997, placing those developments in the context of the aspects of European Community law.

Examines the evolution of the contract of employment in Britain through an investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and subsequent growth of a particular type of welfare state have shaped the evolutionary path of British labour and social security law.

Based on extensive empirical research examining behavioural conflict at work, this book gives a much-needed insight into the current law that regulates workplace behaviour. Arguing that current law and policy is insufficient, the author suggests reforms which seek to reconcile individual and collective perspectives on working life.