Deakin and Morris' Labour Law

7. Auflage 2021
ISBN: 978-1-5099-4354-8
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 1320 Seiten, Paperback, Format (B × H): 243 mm x 176 mm, Gewicht: 1682 g

Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market.

The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action.

The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.

This title is included in Bloomsbury Professional's Employment Law online service.

Autoren/Hrsg.

Barnard, Catherine

Adams, Zoe

Fraser Butlin, Sarah

Deakin, Simon

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction: History, Sources, and Institutions of Labour Law
Labour Law: The Scope and Nature of the Subject
Historical Development
Sources of Labour Law
Institutions of Labour Law

2. The Employment Relationship
Introduction
Contract or Status?
The Hiring Process
Identifying Dependent Labour
Quasi-dependent Labour
Public Sector Employment
Continuity of Employment, Qualifying Thresholds, and Equality of Treatment for Fixed-term, Part-time and Agency Workers
Identifying the Employer
Transfers of Undertakings
Assessment

3. Terms of Employment and Working Conditions
Introduction
Sources of Contractual Terms and Conditions
Written Notification of Terms
Construction, Incorporation and Variation of Terms
Payment of Wages and Salaries
Working Time
Health and Safety and the Working Environment
Duties of Obedience, Co-operation and Care
Duties of Fidelity, Confidentiality and Privacy
Income Security: Sick Pay and Lay-off
Assessment

4. Discipline and Termination of Employment
Introduction
Theoretical Underpinnings of Dismissal Protection
Wrongful Dismissal
Unfair Dismissal: Scope of Protection
Fairness of Dismissal
Remedies for Unfair Dismissal
Economic Dismissals
Assessment

5. Equality in Employment
Introduction
The Origins and Historical Development of Equality Law
The Meaning of Equality
Protected Characteristics
Discrimination and Related Forms of Prohibited Conduct
Exceptions and Defences
Work-Life Balance Legislation
Disability Discrimination
Discrimination in Relation to Employment: Issues of Scope
Enforcement
Positive Action
Equal Pay
Assessment

6. Collective Organisation and Freedom of Association
Introduction
The Rationale and Role of Collective Organisation
International Standards Relating to Collective Organisation
Legal Policy Relating to Collective Organisation
Basic Definitions and Concepts
Protection of Trade Union Membership and Activities in Relation to Employers
Facilities for Trade Union Representatives and Trade Union Activities
Union Membership and Deductions from Workers' Pay
Assessment: The Changing Role of Trade Unions in Contemporary Society

7. Collective Bargaining, Trade Union Recognition, and Statutory Information and Consultation Rights
Introduction
Collective Bargaining and Union Recognition
Statutory Rights of Information and Consultation
Employee Involvement at Transnational Level
Assessment

8. Trade Unions and their Members
Introduction
The Contract of Membership
Statutory Rights: An Overview
Rights Relating to Union Membership and Discipline
Trade Union Elections
Trade Union Expenditure for Political Purposes
Assessment

9. Industrial Action
Introduction
Industrial Action: Role, Rationale and International Standards
Legal Policy Relating to Industrial Action: An Overview
Liability in Tort
The Liability of Trade Unions
The Scope of Statutory Immunity
Industrial Action Ballots and Notice to Employers
Civil Law Remedies
Industrial Action and EU Law
Picketing
'Essential Services' and Emergency Powers
Industrial Action and Contractual Rights
Industrial Action and Individual Employment Rights
Industrial Action and the Rights of Union Members

Über Autor(innen)

Deakin, Simon
Simon Deakin is Professor of Law and Fellow of Peterhouse, University of Cambridge.

Photograph courtesy of University of Cambridge.

Fraser Butlin, Sarah
Sarah Fraser-Butlin is a practising barrister at Cloisters Chambers and Affiliated Lecturer with the Law Faculty, University of Cambridge.

Barnard, Catherine
Catherine Barnard is Professor of EU Law and Employment Law and Fellow of Trinity College, University of Cambridge.

Adams, Zoe
Zoe Adams is Junior Research Fellow and Assistant Admissions Tutor at King's College Cambridge, and Affiliated Lecturer in Law at the University of Cambridge, UK. She has a BA from Pembroke College, Cambridge, an LLM from the European University Institute in Florence, and a PhD from Pembroke College Cambridge. Her academic interests lie primarily in the realm of labour law, tort law, legal methodology, social ontology, and law and economics. Her current research explores the role of law, and labour law, in the context of capitalism, with a particular focus on the relationship between law and inequality. She was awarded the Yorke Prize for her PhD thesis, A Social Ontology of the Wage. Zoe also teaches tort law, labour law, and law and economics.

Zoe Adams is Junior Research Fellow at King's College Cambridge, UK.
Catherine Barnard is Professor of European Union and Labour Law at the University of Cambridge, UK.
Simon Deakin is Professor of Law and Fellow of Peterhouse, University of Cambridge, UK.
Sarah Fraser Butlin is a practising barrister at Cloisters Chambers and Affiliated Lecturer with the Law Faculty, University of Cambridge, UK.