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Vol 21 No 10 Oct/Nov 2016

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Bullying and Behavioural Conflict at Work: The Duality of Individual Rights


ISBN13: 9780199691371
Published: November 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00



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In an empirical study of the interaction between law, adjudication, and conflicts about behaviour in the workplace, Lizzie Barmes analyses how labour and equality rights operate in practice in the UK.

Arguing that individual employment rights have a Janus-faced quality, simultaneously challenging and sustaining existing distributions of power between management and employees, she calls for legal intervention at work to focus on resolving tensions between collective and individual concerns across the range of workplaces, and to stimulate the expression and reconciliation of different viewpoints in the implementation and enforcement of individual legal entitlements.

Based on extensive primary research, the volume surveys and analyses experiences and attitudes towards negative behaviour in the workplace, and explains relevant employment and equality law as it has developed from 1995 to the present day, covering the major case law and legislative developments over this time.

This book provides qualitative analysis of authoritative UK judgments about behavioural conflict at work from 1995 to 2010, as well as of interviews with senior managers and senior lawyers, allowing the reader first-hand insight into the influence of law and legal process on problems and conflict at work.

Subjects:
Employment Law
Contents:
1. Introduction
2. The Empirical Background to Behavioural Conflict at Work
3. The Substantive Legal Background to Behavioural Conflict at Work from 1995 to 2015
4. Factual Themes in Case Law about Behavioural Conflict at Work
5. Legal Themes in Case Law about Behavioural Conflict at Work I: Overlapping Rights and the Snakes and Ladders Effect
6. Legal Themes in Case Law about Behavioural Conflict at Work II: Consistency in Applying Behavioural Rules
7. Legal Themes in Case Law about Behavioural Conflict at Work III: Consistency in Analyzing Employer Responses
8. Senior Managers and Laweyers on Behavioural Conflict at Work and Legal Influences
9. Senior Managers and Lawyers on Behavioural Conflict at Work and the Missing Collective Dimension
10. Conclusions