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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Legal Regulation of the Employment Relation

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ISBN13: 9789041198129
ISBN: 9041198121
Published: February 2001
Publisher: Kluwer Law International
Format: Hardback
Price: £160.00

Discussion of labour law issues from a regulatory perspective is often heavily influenced by certain types of economic analysis and tends to support deregulation of labour markets. While many European countries and the EU itself are committed to ideals of labour standards expressed in such documents as the Charter of Social Rights, there is a noticeable hesitation in enacting these rights due to the fear of adverse economic consequences. The essays in this volume aim to redress the balance in the contemporary regulatory debate by embracing other interdisciplinary perspectives and scrutinizing carefully the justifications for and against special regulation for employment contracts. The book examines labour law as the regulation of a particular kind of contractual relationship, that is, contract of employment, and of the institutional framework, including trade unions, collective bargaining, managerial hierarchies, government departments and agencies, within which it operates. This perspective differs from that of most contemporary studies of labour law by emphasising its public, regulatory character, rather than its origin in private law.;Thirty-one expert papers explore a range of issues affecting employment regulation and protection in international, EU and English law, including labour law and economic theory, EU discrimination law, collective bargaining and consultation, regulation of public services, stakeholding, labour market deregulation, the impact of competition law, trade union rights, transfer of undertakings, contract law, unfair dismissal and self-regulation. Together the essays comprise a fundamental reassessment of the need for special regulation of the employment relation. This collection of essays arose from the W.G. Hart Legal Workshop, held at the Institute of Advanced Legal Studies, London, in 1999.

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Part I: Perspectives on Regulation.
1. Justifications and Techniques of Legal Regulation of the Employment Relation; H. Collins.
2. Labour Law and Economic Theory: A Reappraisal; S. Deakin, F. Wilkinson.
3. Countervailing Workers Power as a Regulatory Strategy; K. Klare.
4. New Techniques for Social Regulation: Decentralisation and Diversity; A. Ogus.
5. Labour Law as Business Facilitator; F. von Prondzynski.
6. From Voluntarism to Partnership: A Third Way Overview of the Public Policy Debate in British Industrial Relations; S. Wood. Part II: Regulating Discrimination.
7. The Contribution of International and Transnational Regulation in the Search for Substantive Equality in the Workplace: Clarity or Confusion? R. Allen.
8. The Family Friendly Workplace in Labour Law Discourse: Some Reflections on London Underground Ltd v Edwards; J. Conaghan.
9. Discrimination Law in the EU: Labour Market Regulation of Fundamental Rights? S. Fredman.
10. Regulating Pay Discrimination; A. McColgan.
11. Discrimination Law, Regulation and Rational Decision-making in Employment; R. Townshend-Smith. Part III: Individual Employment Relationship.
12. The Impact of Safety Legislation on the Contract of Employment; B. Barrett.
13. Employees, Workers, and the Autonomy of Labour Law; P. Davies, M. Freedland.
14. The European Guidelines, ""Entrepreneurism"" and the Continuing Problem of Defining the Genuinely Self-employed; P. Leighton.
15. Defining the Public Interest in Legislation: The Case of Employment Protection for Whistleblowers; D. Lewis, S. Homewood.
16. The Re-regulation of Football and its Impact on Employment; J. O'Leary, A. Caiger.
17. Regulating the Employment Relationship: From Rights to Relations; B. Watt.
18. Thinking about Enforcement: Minimum Wage in Practice; P. Skidmore. Part IV: European and Transnational Regulation.
19. Flexibility and Adaptability in the EU Employment Strategy; D. Ashiagbor.
20. Transnational Trade Union Rights; B. Bercusson.
21. The Compatibility of Socio-Economic Policies with Competitive Tendering: The Case of Contract Compliance and Transfer of Undertakings; C. Bovis.
22. A Critical Assessment of the EC legislation Aimed at Reconciling Work and Family Life: Lessons from the Scandanavian Model? E. Caracciolo di Torella.
23. The Interaction of Forms of Regulation in International Labour Law; H. Cullen.
24. The Acquired Rights Directive: A Case of Economic and Social Rights at Work; S. Hardy.
25. European Social Dialogue: Harmonisation or New Diversity? M. Wynn. Part V: Collective Representation.
26. Union Made Law? The Regulation of Collective Bargaining and Worker Participation in Post-Apartheid South Africa; P. Benjamin.
27. Representative Consultation with Specified Employees - Or The Future of Rung Two; Lord McCarthy.
28. Raising the Stakes: Stakeholding and the Organisation of Work; S. Sachdev, F. Wilkinson.
29. Action Short of Dismissal; P. Todd.
Section 309 of the Companies Act 1985: Is it Time for a Reappraisal? C. Villi